BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130017329
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 advancement on the retired list to the highest grade he satisfactorily held as O-3 instead of E-6.
2. He states:
* he originally served in the U.S. Navy as a commissioned officer for 13 years
* he subsequently enlisted in the Texas Army National Guard (TXARNG) as an enlisted Soldier for 12 years
* he served four tours in-theater so he applied for sanctuary to complete his retirement
* he was retired at the lower grade of E-6
* he understands he is entitled to the O-3 rank as a result of his 13 years as a commissioned officer
3. He provides his DD Form 214 for the period ending 31 March 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Navy Reserve on 31 July 1981 under the delayed entry program. He entered active duty on 1 November 1981 and was honorably discharged on 11 February 1982 to accept a commission as an officer in the U.S. Navy/U.S. Navy Reserve.
2. On 12 February 1982, he was appointed as a commissioned officer in the U.S. Navy. He was honorably released from active duty on 1 February 1993 for non-selection, permanent promotion. The DD Form 214 issued for this period shows his rank/pay grade as lieutenant (LT)/O-3 with an effective date of pay grade as 1 March 1986.
3. He served in the U.S. Navy Reserve from 2 February 1993 to 10 November 1994. On 11 November 1994, he was ordered to active duty in the U.S. Navy Reserve. He was released from active duty on 5 May 1995 and was transferred to a Navy Reserve unit on the next day. The DD Form 214 issued for this period shows his rank/pay grade as LT/O-3 with an effective date of pay grade as 1 March 1986. He continued to serve in the U.S. Navy Reserve until 31 May 1995.
4. After a break in service, he enlisted in the TXARNG on 12 June 2002.
5. He was promoted to sergeant (SGT)/E-5 on 27 May 2005 and to staff sergeant (SSG)/E-6 on 1 July 2007.
6. Headquarters, III Corps and Fort Hood, Orders Number 058-0149 published on 27 February 2013 show he was released from active duty on 31 March 2013 and he was placed on the Retired List in the rank of SSG on the following date. He completed 20 years and 10 days of total active military service at the time of retirement.
7. Title 10, U.S. Code, section 3964 - Higher grade after 30 years of service:
(a) Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.
(b) This section applies to
(1) warrant officers of the Army;
(2) enlisted members of the Regular Army; and
(3) reserve enlisted members of the Army who, at the time of retirement,
are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in the U.S. Navy and U.S. Navy Reserve from February 1982 to May 1995. The highest grade he held during this period was LT/O-3.
2. The applicant enlisted in the TXARNG on 12 June 2002.
3. He was promoted to SSG on 1 July 2007.
4. Orders published on 27 February 2013 show he was released from active duty on 31 March 2013 and was placed on the Retired List in the rank of
SSG/E-6 on 1 April 2013. At the time of his retirement, he had completed 20 years and 10 days of service.
5. By law, retired Army personnel who retired with less than 30 years of active service may be advanced in grade to the highest grade satisfactorily held when his active service plus his service on the retired list totals 30 years.
6. Since he has not attained 30 years of combined service, it is concluded he is not eligible to be advanced on the retired list to the highest rank he held of O-3 yet.
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) AR20130017329
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