BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130007703 


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 that his records be corrected to show he was placed on the Retired List as a staff sergeant (SSG)/E-6.

2.  The applicant states he earned the rank of SSG.  He attended the schools and went as far as attending the Advanced Noncommissioned Officer Course.  His wife left while he was attending school so he kind of gave up.  

3.  The applicant provides a three-page self-authored statement, letter from the Department of Veterans Affairs (VA), and a National Guard Bureau (NGB) Form 23A (Army National Guard (ARNG) Current Annual Statement).  

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the U.S. Air Force and in the Regular Army, the applicant enlisted in the ARNG on 23 May 1991.  He was promoted to SSG/E-6 on 25 January 1996.

2.  A review of his Army Military Human Resource Record reveals the following history of promotions and reductions:

	a.  reduced from SSG/E-6 to sergeant (SGT)/E-5 effective 29 July 1997 under the authority of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-44a (Inefficiency);

	b.  reduced from SGT/E-5 to specialist (SPC)/E-4 effective 22 May 2000 by reason of misconduct;

	c.  promoted from SPC/E-4 to SGT/E-5 effective 31 July 2002;

	d.  reduced from SGT/E-5 to SPC/E-4 effective 13 February 2003 by reason of misconduct; and 

	e.  reduced from SPC/E-4 to private (PVT)/E-1 effective 27 May 2003 by reason of misconduct.

3.  He was discharged from the ARNG and transferred to the Retired Reserve in the rank and grade of PVT/E-1 effective 31 December 2004.  

4.  On 29 September 2012, he was placed on the Retired List in the rank and grade of PVT/E-1.

5.  He provides a three-page self-authored statement in which he narrates certain experiences while in the military and points out that he took care of Soldiers and, therefore, he deserves to be on the Retired List in the rank of SSG/E-6.  He contends that he attended schools with pride and that in the 20 years he was in the service he was never late nor missed a day and never failed a physical fitness test.

6.  He also provides a letter from the VA which shows he is currently receiving service-connected disability compensation and an NGB Form 23A showing his highest grade held as E-6.

7.  Title 10, U.S. Code, section 3961(b), states that, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by section 3961(a) (which discusses commissioned officers) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.

8.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), paragraph 2-11 (Computation of Retired Pay) provides that a person granted retired pay will receive such pay at an annual rate equal to 21/2 percent of the active duty annual basic pay which the individual would receive if serving on active duty, on the effective date of granting of retired pay, in the highest grade (temporary or permanent) satisfactorily held during his or her entire period of service.  The Retired Activities Directorate will screen each retirement applicant’s record to determine the highest grade held by him or her during his or her military service.  In arriving at the highest grade satisfactorily held, the following criteria will apply:

	a.  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. 

	b.  Service in the highest grade will not be deemed satisfactory and the case will be forwarded to the Secretary of the Army’s Ad Hoc Review Board for final determination of the Soldier’s retirement grade if, during the mandatory review of the Soldier’s records by the Retired Activities Directorate, it is determined that any of the following factors exist:

		(1)  Reversion 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

		(2)  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 applicant's contention that his records should be corrected to show he was placed on the Retired List as a SSG/E-6 has been carefully considered.  

2.  The applicant held the rank of SSG; however, the available records show he was reduced to the rank and grade of SGT/E-5 due to inefficiency, reduced to the rank and grade of SPC/E-4 due to misconduct, reduced to the rank and grade of PVT/E-1 due to misconduct, and that he served in that rank until his retirement.  

3.  By statute, an enlisted Soldier retires in the grade that he holds on the date of his retirement.  The applicant held the rank and grade of PVT/E-1 on the date of his retirement and he has not shown that his reduction in rank and grade was in error or unjust.  Therefore, he was correctly placed on the Retired List in the rank and grade of PVT/E-1.

4.  Based on the foregoing, there is no basis to grant 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 that 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)                                         AR20130007703



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ABCMR Record of Proceedings (cont)                                         AR20130007703



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