IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011957
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 DD Form 214 (Certificate of Release or Discharge) for the period ending on 13 December 2011 to show his rank and pay grade as chief warrant officer two/CW2.
2. He states that in response to a 2011 request to the Army Grade Determination Review Board (AGDRB), his retirement grade was changed to CW2. To date, a new DD Form 214 showing the grade change has not be issued.
3. He provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he enlisted in the Regular Army (RA) in pay grade E-1 on 27 May 1977. He was honorably discharged in pay grade E-5 on 16 March 1981 for the purpose of being ordered to active duty as a warrant officer.
2. He was appointed in the U.S. Army Reserve (USAR) as a warrant officer one effective 17 March 1981 and entered on active duty the same day. He was honorably released from active duty in pay grade CW2 on 17 May 1984 and was transferred to the USAR Control Group (Reinforcement).
3. He again enlisted in the RA in pay grade E-5 on 26 November 1984 for 4 years. He was promoted to sergeant first class (SFC)/pay grade E-7 on 1 February 1991.
4. He was honorably retired on 31 January 2000. His DD Form 214 shows in:
* item 4a (Grade, Rate, or Rank) SFC
* item 4b (Pay Grade) E-7
5. On 11 July 2011, the AGDRB determined the highest grade in which he served satisfactorily for the purpose of computation of retired pay was CW2. Therefore, he was eligible for advancement on the Retired List in the grade of CW2 effective 30 November 2006.
6. On 24 August 2011, the U.S. Army Human Resources Command advanced him on the Retired List to the grade of CW2 with an effective date of 30 November 2006 and issued him appropriate retirement orders.
7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12, then in effect, set forth the basic authority for the separation of enlisted personnel because of length of service. It stated retirement normally would be in the Regular grade the Soldier held on the date of retirement as prescribed in Title 10, U.S. Code, section 3961, which provided the legal authority for retirement grades. Paragraph 12-3 specified the AGDRB, in accordance with Army Regulation 15-80 (AGDRB and Grade Determinations), would make determination of the highest grade served in satisfactorily.
8. Title 10, U.S. Code, section 3964, states each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled to be advanced on the Retired List to the highest grade in which he or she served on active duty satisfactorily as determined by the Secretary of the Army when his or her active service plus his or her service on the Retired List total 30 years. This section applies to warrant officers and enlisted members of the Regular Army and Reserve enlisted members of the Army.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states items 4a and 4b will list the rank and pay grade at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was honorably discharged as a sergeant in pay grade E-5 on 16 March 1981 to accept a warrant officer appointment. He was discharged in pay grade CW2 on 17 May 1984 and was transferred to the USAR. He again enlisted in the RA in pay grade E-5. He was promoted to pay grade E-7 on 1 February 1991. He was honorably retired on 31 January 2000. He was issued a DD Form 214 showing his rank/pay grade as SFC/E-7.
2. On 11 July 2011, the AGDRB determined the highest grade in which the applicant served for retired pay was CW2 based on his previous service in that grade. He was reissued retirement orders in pay grade CW2.
3. In accordance with regulatory guidance, his DD Form 214 properly shows the rank/pay grade he was serving in on the effective date of separation. Therefore, he is not entitled to correction his DD Form 214 for the period ending 31 January 2000 to show the rank of CW2.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20120011957
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120011957
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100014975
The applicant requests correction of his records to show his retired pay grade as chief warrant officer three (CW3)/W-3, the highest rank/grade he satisfactorily held while on active duty, instead of sergeant first class (SFC)/E-7. Title 10, U.S. Code, section 1371 provides that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any,...
ARMY | BCMR | CY2011 | 20110024097
It states, in pertinent part, that at the time any member of an armed force who is retired for physical disability is entitled to a grade equivalent to the highest of the following: the grade in which he is serving on the date when his name is placed on the Retired List; the highest grade in which he served satisfactorily; the grade to which he would have been promoted had it not been for the physical disability that resulted in retirement. In accordance with statutory and regulatory...
ARMY | DRB | CY2005 | 20050011322
He claims he was advanced to the highest grade he held while on active duty, and he now requests the DD Form 214 be corrected. There was no reason to have a Retired List grade entry in Item 18; however, because it was entered, it would be appropriate to correct it to show he was being placed on the Retired List in the grade MAJ/0-4, as authorized by his retirement orders, as amended on 9 May 2005. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120006244
c. He recently received correspondence from the recorder of the Army Grade Determination Review Board (AGDRB) informing him that it appears he should have been placed on the Retired List in the grade of E-7 and he should apply to the Army Board for Correction of Military Records (ABCMR) for review of his case. 10 USC, section 3964 (Higher grade after 30 years of service: warrant officers and enlisted members), provides that each retired member of the Army covered by subsection (b) who is...
ARMY | BCMR | CY2011 | 20110010827
He provides: * DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and MSM) * MSM Certificate, dated 28 March 1994 * Orders for the AGCM (6th Award), dated 19 May 1994 * 1994 DD Form 214 * Letter from the Army Human Resources Command (HRC), dated 30 December 2004, advancing him on the retired list * Letter from the Army Review Boards Agency, 5 January 2005 CONSIDERATION OF EVIDENCE: 1. He was retired in pay grade E-5 on 31 July...
ARMY | BCMR | CY2010 | 20100029882
His discharge orders show his pay grade as E-5. It further states that a grade determination is an administrative decision to determine appropriate retirement grade, retirement pay, or other separation pay and each case will be considered on its own merits. It states that each retired enlisted member of the Army who is retired with less than 30 years of active service is entitled, when his/her active service plus his/her service on the Retired List totals 30 years, to be advanced on the...
ARMY | BCMR | CY2010 | 20100030500
The applicant requests, in effect, his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected: * in Item 12a (Date Entered AD [Active Duty] This Period) * his rank be corrected in Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) He also requests he be advanced on the retired list to his highest grade satisfactorily held. The applicant's records contain four DD Forms 214 covering his 20-plus years of service: * 19710928 19721017 * 19721018 19770202 *...
ARMY | BCMR | CY2011 | 20110018714
The applicant requests correction of his records to show he was advanced on the retired list to pay grade E-8. The applicant's military personnel record does not contain any evidence that shows he was promoted to MSG/E-8 or that he satisfactorily served on active duty in the grade of E-8. The DA Form 4980-12 shows he may have worked in a First Sergeant position (pay grade E-8); however, there is no evidence of record and the applicant did not provide any evidence that shows he was promoted...
ARMY | BCMR | CY2010 | 20100013524
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 July 2010 to show his highest enlisted grade. As his physical condition was unfitting, the PEB recommended medical retirement with transfer to the TDRL. The governing regulation for the preparation of the DD Form 214 states the Soldier's grade, rate or rank will be the active duty grade or rank and pay grade at time of separation.
ARMY | BCMR | CY2006 | 20060014902
These orders show, in pertinent part, the applicant was retired from active duty on 30 September 1980 and placed on the Retired list in the grade of CW2 (W-2), effective 1 October 1980. It states, in pertinent part, that warrant officers and enlisted members of the Army are entitled, when their active service plus their service on the Retired list totals 30 years, to be advanced on the Retired list to the highest grade in which they served on active duty satisfactorily. The evidence of...