IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130000077
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, in effect, that he be advanced on the retired list to the rank and pay grade of first lieutenant (1LT)/O2.
2. The applicant states:
* he was told he would retire one rank higher than the highest rank he held, which was 1LT
* he is receiving sergeant (SGT)/E-5 retired pay when he feels it could be captain (CPT)/O3 pay
3. The applicant provides:
* Three diplomas
* Army National Guard (ARNG) Retirement Points History Statement
* Notification of Eligibility for Retired Pay at Age 60
* Certificate of Achievement
* Discharge orders
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Army National Guard (ARNG), the applicant was appointed as a second lieutenant in the ARNG and promoted to 1LT on 25 July 1973. On 13 February 1976, he was separated from the ARNG in the rank of 1LT for incompatible occupation (resignation) and assigned to the U.S. Army Reserve (USAR) Control Group (Standby).
2. There is no evidence which shows he was promoted to CPT/O3.
3. He was not called to active duty as a commissioned officer.
4. He enlisted in the ARNG on 5 February 1983.
5. On 6 March 1995, he received his notification of eligibility for retired pay at age 60 (20-year letter).
6. On 21 April 1995, he was discharged from the ARNG in the rank of SGT and assigned to the USAR Control Group (Retired).
7. He was retired and placed on the retired list on 2 January 2010 in the rank of SGT.
8. Paragraph 2-11c(2) of Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states if the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which a commissioned officer or enlisted Soldier held while on active duty or in an active Reserve status for at least 185 days or six calendar months.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant retired from the ARNG as a sergeant, he also held an appointment as a 1LT in an active Reserve status from July 1973 to February 1976.
2. Since the governing regulation states the retired grade will be that grade which a commissioned officer held while in an active Reserve status for at least 185 days or six calendar months, it would be appropriate to correct his military records to show he was placed on the retired list in the rank and pay grade of 1LT/O2 effective 2 January 2010.
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 showing he was placed on the retired list in the rank and pay grade of 1LT/O2 effective 2 January 2010.
__________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) AR20130000077
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ABCMR Record of Proceedings (cont) AR20130000077
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