IN THE CASE OF:	  

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130018980 


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 record to show he was retired in the highest rank/pay grade he held, which was staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5.

2.  He states that he was promoted to SSG/E-6 on 15 November 1993 while he was serving on active duty with the Reserves.

3.  He provides his SSG/E-6 promotion orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was born on 7 March 1953.  He enlisted in Alabama Army National Guard (ALARNG) on 5 May 1974.  On 11 February 1975, he was relieved from duty with the ALARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Ready Reserve).

2.  On 20 September 1990, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.  On 7 July 1991, he was released from active duty and returned to his USAR unit.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of active duty service shows he held the rank/pay grade of SGT/E-5 at the time of this transfer.

3.  On 7 March 1992, he reenlisted in the USAR for a period of 3 years in the rank/pay grade of SGT/E-5.

4.  Headquarters, 375th Transportation Group (Composite), Mobile, AL, Orders 9-3, dated 12 October 1993, show the applicant was promoted from SGT/E-5 to SSG/E-6 with an effective date and date of rank (DOR) of 15 November 1993.

5.  On 10 April 1994, the applicant reviewed his DA Form 2A (Personnel Qualification Record - Enlisted) for accuracy and made manual corrections to his rank/pay grade from SGT/E-5 to SSG/E-6 and to show his DOR as 15 November 1993.  On the same date, he reviewed his DA Form 2-1 (Personnel Qualification Record - Part II) which shows his rank/pay grade as SSG/E-6 with a promotion effective date of 15 November 1993.

6.  His DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period ending October 1994 shows his rank/pay grade at the time was SSG/E-6 with a DOR of 15 November 1993.

7.  On 11 January 1995, the applicant's company commander requested notification of eligibility for retired pay at age 60 be issued to SSG [applicant's name] in the form of a 20-Year Letter under the provisions of Army Regulation 135-180 (ARNG and Army Reserve - Qualifying Service for Retired Pay Nonregular Service).

8.  Headquarters, USAR Command, Atlanta, GA, Orders 95-135-091, dated 19 April 1995, show the applicant was honorably discharged from the USAR effective 19 April 1995.  The standard name line of this order shows his rank as SGT.

9.  The applicant's U.S. Army Human Resources Command (AHRC) Form 249-2-E (USAHRC - Chronological Statement of Retirement Points), prepared 4 May 2006, shows his rank as SGT and that he had completed a total of 21 years of qualifying service for retirement.

10.  The applicant completed a DD Form 108 (Application for Retired Pay Benefits).  On the first page of this form, in item 4 (Highest Military Paygrade Held) he entered "SGT/E5" and in item 10 (Grade or Rating) he entered "SGT/E6."  On the second page of this form, in item 4 he entered "SGT/E5" and in item 10 entered "SSG/E6."  He also indicated that he held the rank/pay grade of SSG/E-6 during retirement years 1994 through 1996.  His projected date of retirement shown on the form was 7 March 2013, based upon his 60th birthday.

11.  The applicant completed a DD Form 2656 (Data for Payment of Retired Personnel).  In item 4 (Rank Pay Grade/Branch of Service) he indicated his rank/pay grade was SSG/E-6.  His projected date of retirement shown on the form was 7 March 2013, based upon his 60th birthday.
12.  On 5 March 2013, the Chief, Retired Pay Branch, USAHRC, Fort Knox, KY, notified the applicant that his application for retired pay had been approved and provided him a copy of his Certificate of Retirement and order affecting his retired pay.  In this letter, she addressed the applicant as "Sergeant."

13.  USAHRC, Fort Knox, Orders C02-391367, dated 5 March 2013, show the applicant was retired and placed on the retired list in the retired rank/grade of
SGT/E-5 on "2013 March 2013."

14.  His record is void of any derogatory information or evidence indicating he that was subjected to punishment under the Uniform Code of Military Justice (UCMJ) which resulted in an involuntary reduction in rank/pay grade.

15.  Army Regulation 135-180, paragraph 2-11 states that 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 revision to a lower grade was expressly for prejudice or cause or there is information in the Soldier's service record to indicate clearly that the highest grade was not served satisfactorily.  If the Soldier was transferred to the Retired Reserve or discharged prior to 25 February 1975, retired grade will be that which the Soldier held at the time of transfer to the Retired Reserve or discharge, unless the Soldier held a higher grade at least 185 days or six calendar months on active duty or in an active reserve status as a commissioned officer or enlisted Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was retired in the highest rank/pay grade he held, which was SSG/E-6 instead of SGT/E-5.

2.  The evidence of record shows the applicant was promoted to SSG/E-6 on 15 November 1993 and he served in that rank/pay grade in an active status until he was discharged from the USAR on 19 April 1995.  His record is void of any derogatory information or evidence indicating he was subjected to punishment under the UCMJ which resulted in an involuntary reduction in rank/pay grade.  

3.  It appears the applicant's rank/pay grade was not properly reflected in the automated databases and resulted in his rank/pay grade being erroneously shown as SGT/E-5 on both his discharge orders and his retirement orders.

4.  In view of the foregoing, the applicant is entitled to correction of his record to show he was discharged in the rank/pay grade of SSG/E-6 on 19 April 1995 and retired in the rank/pay grade of SSG/E-6 effective 7 March 2013.

5.  He is also entitled to have his retired pay recomputed based on the rank/pay grade of SSG/E-6 and receive any back retired pay he is entitled to receive 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 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:

	a.  amending his discharge orders (Orders 95-135-091, dated 19 April 1995) to show he was discharged in the rank/pay grade of SSG/E-6 effective 19 April 1995;

	b.  amending his retirement orders (Orders C02-391367, dated 5 March 2013) to show he was retired in the rank/pay grade of SSG/E-6 effective 7 March 2013; 

	c.  recomputing his retired pay entitlements based on the rank/pay grade of SSG/E-6; and









	d.  providing him all back retired pay he is entitled to receive 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)                                         AR20130018980



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ABCMR Record of Proceedings (cont)                                         AR20130018980



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