BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130019837 


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 records to show his retired rank and grade as staff sergeant (SSG)/E-6.

2.  The applicant states he held the rank of SSG upon his release from active duty.  He accepted a sergeant (SGT/E-5) position to enlist in the Georgia Army National Guard (GAARNG) because no SSG position was available.  He states he did not receive his 20-year letter until well after his discharge from the ARNG and did not have an opportunity to correct this error.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* active duty transition orders
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 4 (Enlistment/Reenlistment Document)
* Army Board for Correction of Military Records Record of Proceedings 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born on 29 July 1961.

2.  On 5 July 1979, he enlisted in the Regular Army and he was honorably released from active duty on 29 February 1988.  His DD Form 214 shows he held the rank and pay grade of SSG/E-6 on the date of his separation and that he had been promoted to that grade on 30 July 1984.  
3.  On 19 June 1997, he enlisted in the GAARNG in pay grade E-5 and he was separated from the GAARNG on 14 August 1998 in pay grade E-5. 

4.  On 10 October 2008, having been in various military and civilian statuses after his separation from the GAARNG, he enlisted in the District of Columbia Army National Guard (DCARNG) in pay grade E-5.

5.  Orders 257-007 (corrected copy), dated 14 September 2009, issued by Joint Force Headquarters, DCNG, discharged him from the ARNG and assigned him to the U.S. Army Reserve Control Group (Retired) (commonly referred to as the "Retired Reserve") effective 9 October 2009.  These orders show his rank as SGT.

6.  In connection with his assignment to the Retired Reserve he was issued a National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) and an NGB Form 55B (Honorable Discharge from the Federally Recognized ARNG, Transferred to the US Army Retired Reserve), dated 9 October 2009.  These documents show his rank as SGT.

7.  His records maintained in the interactive Personnel Electronic Records Management System are void of any evidence indicating his reduction from SSG to SGT was related to misconduct or inefficiency or that he was ever promoted back to the rank of SSG while serving in the ARNG.

8.  Title 10, U.S. Code, section 12731 provides the legal authority for age and service (non-regular) retirements.  Section 1406 provides the legal authority for establishing the retired pay base for members who first became members before 8 September 1980.  Paragraph (b)(2) contains guidance on non-regular service retirement.  It states, in pertinent part, that 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.

9.  Army Regulation 135-180 (Army National Guard and Army Reserve - Qualifying Service for Retired Pay Non-regular Service) implements statutory authorities governing granting retired pay to Soldiers and former Reserve Component Soldiers.  It states that 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. 


	a.  The U.S. Army Human Resources Command (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.

	c.  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.

10.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the ARNG and the Army National Guard of the United States enlisted Soldiers in specified functional areas.  It indicates the Soldier's current grade is to be entered on the NGB Form 22 and NGB Form 55B.

DISCUSSION AND CONCLUSIONS:

1.  Soldiers are discharged in the rank held at the time of separation.  Therefore, the documents related to his discharge from the DCARNG and his assignment to the Retired Reserve correctly reflect his rank/grade as SGT/E-5.

2.  Advancement on the retired list to the highest grade satisfactorily held may be accomplished when a Reserve Component Soldier makes application for retired pay and is accomplished strictly for financial reasons; it has no relationship to the rank the Soldier held at the time of transfer to the Retired Reserve.  The applicant will not be eligible to receive retired pay until his 60th birthday.  When the applicant applies for retired pay he should present his case to HRC for being placed on the retired list in the rank and grade of SSG/E-6.  Because his retired grade only affects retired pay, it does not warrant any changes to previously issued separation documents.

3.  In view of the foregoing, there is no basis for granting the applicant's request.


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)                                         AR20130019837



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ABCMR Record of Proceedings (cont)                                         AR20130019837



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