IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130006551
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 to be placed on the Retired List as a sergeant first class (SFC)/E-7.
2. The applicant states:
* he was promoted to the rank of E-7 in December 1983
* he had to relocate to South Carolina and he was administratively reduced in rank due to an interstate transfer with no vacancy on 7 June 1985
* his understanding was that he would retire in his highest pay grade which was E-7, but he was not
3. The applicant provides:
* promotion orders
* reduction orders
* NGB (National Guard Bureau) Form 22-4-R (Interstate Transfer Request)
* Notification of Eligibility for Retired Pay at Age 60 (20-year letter)
* retirement orders
* Certificate of Retirement
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 30 April 1952. Having prior active service in the Regular Army, he enlisted in the Army National Guard on 15 August 1981. He was promoted to SFC effective 3 December 1983.
2. On 7 June 1985, he was reduced in rank to sergeant (SGT)/E-5. The reason for this administrative reduction was due to an interstate transfer with no grade vacancy.
3. On 16 February 1990, he enlisted in the U.S. Army Reserve.
4. He was promoted to staff sergeant (SSG)/E-6 effective 19 October 1992.
5. His retirement orders, dated 14 September 2011, show he was placed on the Retired List in the rank/grade of SSG effective 30 April 2012.
6. His Certificate of Retirement shows his rank as SSG.
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 SFC/E-7 on 3 December 1983 and he served in this rank until 1985 when he was reduced to SGT/E-5 on 7 June 1985. This was an administrative reduction for the purpose of an interstate transfer with no grade vacancy.
2. Since there is no evidence of record which shows his service in the rank of SFC 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/grade of SFC/E-7 effective 30 April 2012.
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/grade of SFC/E-7 effective 30 April 2012 and paying him any 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) AR20130006551
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130006551
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140007324
The applicant provides: * U.S. Army Reserve (USAR) Orders D-06-036713, dated 4 June 1985 * DD Form 214, ending on 9 February 1983 * ARNG Retirement Points History Statement * Retirement Orders P08-926117, dated 25 August 2010 CONSIDERATION OF EVIDENCE: 1. In the applicant's case, the evidence of record shows he was promoted to the rank/grade of SFC/E-7, on 16 January 1980, and he held that grade until 9 February 1983 when he was honorably released from active duty and discharged from the...
ARMY | BCMR | CY2001 | 2001057694C070420
The applicant’s Department of the Army (DA) Form 2-1 (Personnel Qualification Record) confirms, in block 18 (Appointments and Reductions), that he was promoted to the rank and pay grade of SFC/E-7 on 21 February 1975, which is the highest rank he held while on active duty. On 24 August 2001, the Army Grade Determination Review Board (AGDRB) denied the applicant’s request to be advanced to the rank and pay grade of MSG/E-8 on the Retired List. The evidence of record confirms that the...
ARMY | BCMR | CY2013 | 20130006715
The applicant's DA Form 2-1 shows in: a. item 18 (Appointments and Reductions), that the highest grade he attained was E-5; b. item 35 (Record of Assignments), that from 10 March 1983 through 11 September 1984 he served in principal duty MOS 71N3O, Movement Control Supervisor (an E-6 position), while assigned to Headquarters and Headquarters Company, 2nd Forward Support Battalion, Fort Lewis, WA; and c. item 33 (Date) that the document was prepared on 13 October 1987, the applicant placed...
ARMY | BCMR | CY2011 | 20110004845
The applicant states, in effect: * Public Law 230, Title 10, and Section 3964 entitle him to promotion to SFC * The "P" shown in item 13 (Primary Specialty Number, Title and Date Awarded) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) indicates he was promotable 3. In his self-authored statement the applicant contends he should be advanced on the retired list to the highest grade held satisfactorily while on active duty, under the provisions of Title...
ARMY | BCMR | CY2014 | 20140015388
The applicant states: * she was processed under the integrated disability system (IDES) and she was permanently retired in the rank/grade of sergeant first class (SFC)/E-7 * the Army Grade Determination Review Board (AGDRB) considered her case and denied her request to be retired in the rank/grade of MSG/E-8 * she was promoted to MSG/E-8 in 2001 and served satisfactorily in that rank/grade; she was also laterally appointed to first sergeant (1SG) * she was the first female 1SG assigned to...
ARMY | BCMR | CY2004 | 20040000855C070208
The applicant requests, in effect, a correction of his retired rank and pay grade to sergeant first class/E-7 (SFC/E-7). The evidence of record confirms the applicant held the rank and pay grade of SGT/E-5 on the date he was REFRAD for the purpose of disability retirement and that he was placed on the Retired List in that rank and pay grade. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2013 | 20130014282
The applicant requests: a. removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) imposed on 7 April 1990 from his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) and b. reversal of the reduction in rank imposed as nonjudicial punishment (NJP) on 7 April 1990 in the DA Form 2627. The applicant states: a. The evidence shows he was promoted to SFC/E-7 in the NMARNG in August 1982 and he...
ARMY | BCMR | CY2012 | 20120006072
(2) Army Regulation 15-80, paragraph 2-5 states "one specific act of misconduct may or may not form the basis for a determination that the overall service in that grade was unsatisfactory, regardless of the period of time service in grade." He provided the following documents which indicate he was serving in the rank of SFC/E-7: a. award certificate, dated 30 September 1987, awarding him the Army Achievement Medal for meritorious service from 11 August 1987 to 24 August 1987; b. award...
ARMY | BCMR | CY2015 | 20150004140
Unit manning report, dated 1 August 1986, showing he was assigned to a SSG/E-6 position within the Food Service Section of the 550th MI Battalion, Pedricktown. A memorandum from the U.S. Army Reserve Command Deputy IG who opines that after reviewing the applicant's various documents and the previous ABCMR decisions, he found new and compelling evidence provided by the applicant's former company and battalion-level chain of command concluding the applicant would have been promoted to SSG/E-6...
ARMY | BCMR | CY2013 | 20130003266
It states 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. The evidence of record in this case confirms he was promoted to the grade of E-7 while serving in the USAR. As a result, the Board recommends that all Department of the Army records...