IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130009458
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, correction of his grade on the Army of the United States (AUS) Retired List to show captain(CPT)/pay grade O-3 instead of staff sergeant (SSG)/pay grade E-6.
2. The applicant states his highest grade held was CPT.
3. The applicant provides:
* memorandum from Headquarters, 4th U.S. Army, Fort Sheridan, IL, dated 19 July 1988
* Headquarters, 4th U.S. Army, Orders 123-9, dated 19 July 1988
* memorandum from the U.S. Total Army Personnel Command (now known as the U.S. Army Human Resources Command (HRC)), dated 26 May 1994
* Army National Guard Retirement Points History Statement prepared on 7 May 2013
CONSIDERATION OF EVIDENCE:
1. After serving 4 years, 5 months, and 8 days in the U.S. Air Force and the U.S. Air Force Reserve, he enlisted in the Illinois Army National Guard (ILARNG) on 15 January 1975.
2. On 11 July 1980, he was appointed as a second lieutenant in the ILARNG. He was promoted to first lieutenant on 13 April 1983. On 1 April 1985, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
3. On 11 July 1988, he was promoted to CPT and assigned to the USAR Control Group (Reinforcement) due to his promotion to a grade exceeding a vacancy.
4. On 2 June 1995, he was notified of his second non-selection for promotion to the next higher grade and informed he must be separated from the USAR. The exact date of his separation is not available.
5. On 29 May 1998, he enlisted in the ILARNG. On 7 May 2004, he was transferred to the Retired Reserve in the grade of SSG.
6. HRC Orders P03-943343, dated 28 March 2012, placed him on the AUS Retired List effective 8 July 2012. His retired grade is shown as SSG/E-6.
7. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing granting retired pay to Soldiers and former Reserve Component Soldiers.
a. The Retired Activities Directorate, Army Reserve Personnel Center, now known as HRC, will screen each retirement applicant's record to determine the highest grade held by him or her during his or her military service to determine the highest grade satisfactorily held.
b. If the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, the retired grade will be that grade which a commissioned officer or enlisted Soldier held while serving on active duty or in an active Reserve status for at least 185 days or 6 calendar months.
DISCUSSION AND CONCLUSIONS:
1. The applicant's AMHRR shows he satisfactorily held the grade of CPT for at least 6 calendar months prior to being transferred to the Retired Reserve. Therefore, he is entitled to be placed on the AUS Retired List in the grade of CPT/O-3.
2. He is entitled to any adjustments in his retired pay as a result of this correction.
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:
a. amending HRC Orders P03-943343, dated 28 March 2012, to show he was placed on the Retired List in the rank/grade of CPT/O-3 and
b. paying him any back retired pay due based on the above 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) AR20130009458
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ABCMR Record of Proceedings (cont) AR20130009458
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