IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130004959
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 record to show he was placed on the Retired List in pay grade E-7.
2. The applicant states that although he was unable to locate the actual order promoting him to sergeant first class (SFC)/pay grade E-7 he had submitted documentation with his retirement application showing he held the rank of SFC/E-7. However, the U.S. Army Human Resources Command (HRC) placed him on the Retired List in pay grade E-6. He had requested to be reduced to the rank of staff sergeant/E-6 in order to stay on active flight status for the last years of his service. He served honorably for 20 years and believes it would be unjust for him to not receive retired pay at the highest grade he successfully held.
3. The applicant provides a self-authored-statement listing the supporting documents he submitted.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army prior to enlisting in the Army National Guard (ARNG) on 3 April 1972. He served continuously until his transfer to the U.S. Army Reserve Control Group (Retired).
2. His DA Form 2-1 (Personnel Qualification Record) shows he was promoted to the rank/grade of SFC/E-7 effective 28 December 1979.
3. On 27 February 1987, the Indiana ARNG issued Orders 40-4, administratively reducing him to the rank/grade of SSG/E-6, effective 27 February 1987 and with a date of rank of 31 March 1975.
4. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged from the ARNG in the rank/grade of SSG/E-6 and transferred to the Retired Reserve effective 1 April 1993.
5. Orders P09-948225, issued by HRC, dated 24 September 2012, placed him on the Retired List, effective 4 February 2013, in the retired rank of SSG/E-6.
6. His record is void of orders promoting him to the rank/grade of SFC/E-7.
7. He provides numerous documents including certificates, Leave and Earnings Statements, an evaluation report, an extension of enlistment, various orders, and other documents listing his rank/grade as SFC/E-7.
8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 7-14e, provides that concurrent with separation from the ARNG and transfer to the Retired Reserve or placement on the Retired List, Soldiers will be retired at the highest enlisted grade satisfactorily held, provided they were not reduced for misconduct or inefficiency.
9. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states a person granted retired pay will receive such pay in the highest grade (temporary or permanent) satisfactorily held during his or her entire period of service. If the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, the retired grade will be the highest grade an enlisted Soldier held while on active duty or in an active Reserve status for at least 185 days or 6 calendar months. Service in the highest grade will not be deemed satisfactory if it is determined that any of the following factors 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. Though his record is void of orders promoting him to the rank of SFC/E-7, his DA Form 2-1 and numerous other documents including pay documents show he served in the rank of SFC/E-7 for more than 7 years in an active Reserve status. Evidence supports his contention that he was administratively reduced to the rank/grade of SSG/E-6 per his own request. As such, since he held the pay grade of E-7 in an active Reserve status for at least 185 days or 6 calendar months, he is entitled to placement on the Retired List in the rank/grade of SFC/E-7. He is also entitled to any back retired pay due him as a result of the above correction.
2. In view of the foregoing, the applicant is entitled to correction of his record as shown below.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 amending Orders P09-948225, issued by HRC, dated 24 September 2012, to show he was placed on the Retired List in the retired rank and grade of SFC/E7.
2. The Board further recommends that the Defense Finance and Accounting Service should review the applicant's retired pay account and pay him accordingly based on 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) AR20130004959
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