IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130006130
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 placed on the Retired List in pay grade E-7.
2. The applicant states:
* he held pay grade E-7 in the Illinois Air National Guard from 13 March 1989 to 9 October 1996
* when his unit "revitalized him out," he enlisted in the Illinois Army National Guard (ARNG) and took a voluntary reduction in grade to pay grade E-6 because that was the position available
* he transferred to the Oklahoma ARNG and retired there
* E-6 was his pay grade at retirement on 1 March 1999
* he requested retirement in pay grade E-7
3. The applicant provides:
* National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) for the periods ending 24 September 1996 and 1 March 1999
* DD Form 2656 (Data for Payment of Retired Personnel)
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 15 January 1951. Having prior active service in the U.S. Air Force and inactive service in the U.S. Air Force Reserve, he enlisted in the Air National Guard on 24 February 1986. He was promoted to the rank/pay grade of master sergeant (MSGT)/E-7 effective 13 March 1989. On 24 September 1996, he was honorably discharged from the Air National Guard in pay grade E-7 to enlist in the Illinois ARNG.
2. He enlisted in the ARNG on 25 September 1996 in the rank/pay grade of staff sergeant (SSG)/E-6.
3. His DA Form 2166-7 (Noncommissioned Officer Evaluation Report) covering the period November 1997 through October 1998 shows his rank as SSG with a date of rank of 25 September 1996.
4. He was honorably discharged from the ARNG on 1 March 1999 in the rank of SSG and transferred to the Retired Reserve. His date of rank is shown as 25 September 1996.
5. Item 4 (Rank/Pay Grade/Branch of Service) of his undated DD Form 2656 shows the entry "E-7."
6. His retirement orders, dated 27 August 2012, show he was placed on the Retired List in the rank/pay grade of SSG/E-6 effective 15 January 2011.
7. 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 by him or her during his or her entire period of service. 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. The evidence of record shows the applicant was promoted to pay grade E-7 in the Air National Guard on 13 March 1989 and he served in this pay grade until 1996 when he enlisted in the ARNG in pay grade E-6 on 25 September 1996. It appears the authority for his reduction to SSG was a voluntary administrative reduction for the purpose of enlistment in the ARNG since his date of rank is the same date as his enlistment in the ARNG.
2. Since there is no evidence of record which shows his service in the rank of MSGT/E-7 in the Air National Guard was not satisfactory, and in accordance with the governing regulation, his military records should be corrected to show he was placed on the Retired List in the rank/pay grade of sergeant first class (SFC) (Army equivalent rank)/E-7 effective 15 January 2011.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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/grade of SFC/E-7 effective 15 January 2011 and paying him any increased 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) AR20130006130
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ABCMR Record of Proceedings (cont) AR20130006130
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