BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130005987
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, advancement on the Retired List to the rank of sergeant first class/pay grade E-7.
2. The applicant states his rank was not adjusted due to human error.
3. The applicant provides two copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1994.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant initially enlisted in the New Jersey Army National Guard (NJARNG) on 1 December 1967. He completed training, was awarded, and served in several military occupational specialties. He enlisted in the Regular Army on 12 November 1974 and was discharged on 26 November 1980. He again enlisted in the ARNG on 10 December 1980. He entered active duty on 10 December 1980. He was promoted to staff sergeant/pay grade E-6 on 1 June 1989.
3. On 3 February 1989, he was issued a Notification of Eligibility for Retired Pay at Age 60.
4. On 7 July 1993, he submitted an application for voluntary retirement in the highest grade served of pay grade E-6 with a desired retirement date of 31 May 1994.
5. NJARNG Orders 258-052, dated 15 September 1993, released him from active duty and placed him on the Retired List in pay grade E-6 effective 31 May 1994.
6. There is no evidence of record showing he was promoted to pay grade E-7 and served in that grade during any period of active duty prior to his retirement.
7. Title 10, U.S. Code, section 3963 (Reserve Enlisted Retired from Active Duty), states a Reserve enlisted member of the Army described in subsection (b) who is retired under section 3914 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the ARNG, in which the member served on full-time ARNG duty satisfactorily) as determined by the Secretary of the Army.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to pay grade E-6 on 1 June 1989 while serving on active duty and retired in that grade on 31 May 1994. There is no evidence of record and he provided none to show he was promoted, temporarily or permanently, to pay grade E-7 or served in that grade at any time prior to his retirement for advancement on the Retired List in that grade.
2. A member of the ARNG is retired in the highest enlisted grade served on active duty satisfactory. There is no evidence in the available records and he provided no evidence to support the requested relief.
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) AR20130005987
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130005987
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120003466
The applicant requests correction of his records to show he retired from the Army National Guard (ARNG) in the rank/grade of sergeant (SGT)/E-5 instead of specialist (SPC)/E-4. In the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted, of the highest grade held satisfactorily by the person at any time in the armed forces. As a result, the...
ARMY | BCMR | CY2009 | 20090012430
This official stated that electronic messages are submitted worldwide announcing the convening dates of selection boards and that the applicant had been considered and not selected as an ARNG officer by the 1994 and 1995 CPT Army Promotion List DA Reserve Components Selection Boards. The advisory official further stated that in accordance with Army Regulation 135-155, special selection boards (SSBs) may be convened to prevent injustice to an officer or former officer if it is determined...
ARMY | BCMR | CY2010 | 20100023640
The applicant provides: * Officer Record Brief * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 January 2000 * Orders 99-089-050 (orders to active duty) * Medical records, progress notes, inpatient treatment records, vital signs, consult sheets, and operative reports * Multiple Leave and Earnings Statements (LES) * Orders 354-2227 (release from active duty) * DA Form 3349 (Physical Profile) * VA rating decision CONSIDERATION OF EVIDENCE: 1. The...
ARMY | BCMR | CY2002 | 2002069937C070402
The applicant’s military records show that he served as an enlisted member of the Army National Guard in Pennsylvania and then New Jersey, from 24 April 1980 through 26 June 1987. The applicant was correctly discharged according to regulation and law for two-time nonselection for promotion to CPT and is not eligible to be reinstated in the Reserve as an officer beyond the correction date of 12 February 2001 above, although he may be eligible to enlist which can be determined by the...
ARMY | BCMR | CY2014 | 20140000167
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * item 4a (Grade, Rate or Rank) and 4b (Pay Grade), to show specialist four (SP4)/E-4 instead of private (PV1)/E-1 * item 11 (Primary Specialty Number, Title and Years and Months in Specialty), to show he served in his military occupational specialty (MOS) for 6 years instead of zero (0) years and months * item 12a (Date Entered Active Duty (AD) This Period), to show...
ARMY | BCMR | CY2003 | 2003088498C070403
On 31 March 1978, he enlisted in the U.S. Army Reserve. Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, it requires 7 years time in grade (TIG) as a CPT to be considered for mandatory promotion to MAJ or a minimum of 4 years TIG to be eligible for consideration for a unit vacancy promotion. The Board determined that the evidence presented and the merits of this case...
ARMY | BCMR | CY2002 | 2002078724C070215
The applicant states he was discharged from the US Army Reserve (USAR) and was not provided the opportunity to transfer to the Retired Reserve. The Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20...
ARMY | BCMR | CY2010 | 20100019295
The applicant contends his records should be corrected to show he was medically retired instead of separated with a 20-percent disability and entitlement to severance pay. The evidence of record shows the applicant served in the NJARNG. Although his physical evaluation board proceedings are not available for review, by law, a disability rating of less than 30 percent entitles the member to severance pay while a disability rating of 30 percent or more entitles the member to medical retirement.
ARMY | BCMR | CY2009 | 20090006454
On 7 August 2008, the Army Grade Determination Review Board (AGDRB) denied the applicants request for advancement on the Retired List. The applicants claim that he should be advanced on the Retired List to his highest grade held of SSG/E-6 because of his excellent service subsequent to the incident that resulted in his reduction to the lower grade which includes him being awarded the Meritorious Service Medal, the Army Commendation Medal, and the 5th award of the Good Conduct Medal for...
ARMY | BCMR | CY2006 | 20060003984C070205
The applicant requests reconsideration of adjustment to his date of rank for captain from 1 October 1999 to 13 April 1998, based on a change to the Army Reserve time in grade promotion policy. National Guard Regulation 600-100, chapter 8, states that the promotion authority for all ARNG officers is the State Adjutant General. In view of the circumstances in this case, the applicant is not entitled to adjustment to his promotion effective date and date of rank for captain from 1 October...