BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20100029921
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show he was transferred to the Retired Reserve at age 60 in the rank/grade of staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5. In effect, he requests to be advanced on the retired list to the highest grade held.
2. The applicant states, in effect, that a mistake was made with respect to his retired grade when he retired on 25 November 2010. He successfully held the rank of SSG/E-6 from 1 March 1979 through 19 November 1980; however, when he turned 60, he was retired as an E-5 instead of an E-6.
3. The applicant provides:
* Orders: P10-929149, U.S. Army Human Resources Command, dated 29 October 2010
* National Guard Bureau (NGB) Form 55 (Honorable Discharge)
* NGB Form 22 (Report of Separation and Record of Service)
* Leave and Earnings Statements from November 1978 through November 1980
* Army National Guard (ARNG) Retirement Points History Statement
* One page of his DA Form 2-1 (Personnel Qualification Record)
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born on 25 November 1950. He was inducted into the Army of the United States on 10 June 1970. He completed basic combat and advanced individual training and was awarded military occupational specialty 64C (Motor Transport Operator). On 5 January 1972, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his reserve obligation.
2. On 20 November 1973, the applicant enlisted in the Tennessee (TN) ARNG and continued to reenlist and/or extend in the TNARNG until he was honorably discharged for Expiration Term of Service (ETS) in the rank/grade of staff sergeant (SSG)/E-6 on 19 November 1980.
3. The applicants record contains Order 3-4, Headquarters, 1st Armored Cavalry Squadron, 278th Armored Cavalry Regiment, dated 1 March 1979, which shows he was promoted to SSG on 1 March 1979.
4. The applicants record also contains an NGB Form 22 which shows that on 19 November 1980 the applicant was honorably discharged from the TNARNG for ETS. Item 6a (Grade) lists SSG, item 6b (Pay Grade) lists E-6.
5. The applicants record is void of any documentation which indicates he did not serve satisfactorily in the rank/grade of SSG/E-6.
6. On 30 October 1982, the applicant again enlisted in the TNARNG. His record contains an NGB Form 22 which shows that on 29 October 1988 he was honorably discharged for completing his service obligation.
7. On 20 September 1991, the applicant once again enlisted in the TNARNG. His record contains an NGB Form 22 which shows that on 19 September 1998 he was honorably discharged and transferred to the Retired Reserve. Item 10(d) (Total Service for Pay) lists 23 years, 6 months, and 10 days.
8. On 29 October 2010, U.S. Army Human Resources Command, St. Louis, MO, published Orders P10-929149 announcing the applicant's retirement and placement on the retired list in his retired rank/grade of SGT/E-5, effective 25 November 2010, his 60th birthday.
9. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states that a person granted retired pay will receive such pay in the highest grade (temporary or permanent) satisfactorily held during his entire period of service. Service in the highest grade will not be deemed satisfactory if
it is determined that any of the following exist: (a) revision to a lower grade was expressly for prejudice or cause, due to misconduct, or punishment pursuant to Article 15, Uniform Code of Military Justice, or court-martial; or (b) there is information in the Soldier's service record to indicate clearly that the highest grade was not served satisfactorily.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant held the rank/grade of SSG/E-6 from 1 March 1979 through 19 November 1980 and served satisfactorily in that rank/grade. By law and regulation, in connection with a non-regular retirement, enlisted members are entitled to receive retired pay in the highest grade held satisfactorily at any time in the armed forces.
2. Therefore, the applicants records should be corrected to show he was placed on the retired list in the rank/grade of SSG/E-6, effective 25 November 2010, the date he turned 60 and became eligible to receive retired pay. Further, it would be appropriate to provide him with all back retired pay due as a result of this correction.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. amending Orders P10-929149, dated 29 October 2010, to show he was placed on the retired list in the retired rank/grade of SSG/E-6; and
b. paying him all back retired pay due as a result of this correction.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100029921
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ABCMR Record of Proceedings (cont) AR20100029921
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