IN THE CASE OF

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140000177 


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 National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show he retired in the rank/grade of master sergeant (MSG)/E-8 vice staff sergeant (SSG)/E-6. 

2.  The applicant states while in the U.S. Air Force Reserve (USAFR) in 1994, he attained the rank of Senior Master Sergeant (SMSgt)/E-8.  In 2004, as a member of 778th Transportation, Kansas Army National Guard (KSARNG), he accepted an administrative reduction to E-6 in order to deploy.  His NGB Form 22 does not reflect his retired rank as E-8.  He is qualified to retire as an E-8.  He was an E-8 in the US Air Force Retired Reserve when he joined the KSARNG.  He did two deployments with the KSARNG in support of Operation Iraqi Freedom and Operation Enduring Freedom.  Due to his last deployment his Retired Pay Eligibility Date is 27 October 2013.  He retired on that date.  He is receiving retired pay as an E-6.  Officials at the Defense Finance and Accounting Service (DFAS) requested his retired rank (E-8) be reflected on an NGB Form 22 for his retired pay to be correct.

3.  The applicant provides:

* AF Form 224 (Recommendation and Authorization for Promotion of Airman as a Reserve of the Air Force)
* Letter of acceptance into the 774th Transportation Company
* NGB Form 23B (ARNG Retirement Points History Statement)
* Retirement orders
 
CONSIDERATION OF EVIDENCE:

1.  The applicant was born on XX July 1954. 

2.  His USAF records are not available for review with this case.  The only document that is available is a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he enlisted in the USAF on 10 July 1972 and he was honorably discharged in the rank/grade of Technical Sergeant (TSgt)/E-6 on 16 October 1981.  He completed 9 years, 3 months, and 5 days of active service and he was not transferred to any Reserve component 

3.  He provides: 

	a.  An AF Form 224, dated 30 June 1994, that shows he was recommended for promotion to MSgt in the USAFR and that the recommendation was approved by AFR Order Number P-27, dated 1 July 1994, promoting him to MSgt/E-7 in the USAFR on 1 July 1994. 

	b.  Reserve Order AC-0364, issued by Headquarters, Air Reserve Personnel Center, Denver CO, on 11 December 1995, indicating he was authorized special separation pay as a member separated involuntarily from the Selected Reserve with 20 plus years of service.  His date of discharge is listed as 3 December 1995 and his current grade is listed as SMSgt/E-8.

	c.  A letter of acceptance into the 778th Transportation Company Rear Detachment of the KSARNG, dated 9 November 2004, addressed to the applicant (in his rank of MSG, an Army rank; not an Air Force rank), signed by the acting commander of Headquarters, 169th Corps Support Battalion, and shows the applicant was accepted into that unit and he accepted an administrative reduction to SSG/E-6 in the ARNG upon enlistment in the ARNG. 

	d.  Honorable Discharge Certificate, dated 24 October 2004, honorably discharging him from the U.S. Air Force, on that date, in the rank of SMSgt/E-8.

4.  He enlisted in the KSARNG on 10 November 2004.  His DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) listed his rank as "SSG/E-6."  He held military occupational specialty 88M (Motor Transport Operator). 

5.  On 14 March 2005, the KSARNG issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). 

6.  He served through multiple reenlistments in a variety of stateside or overseas assignments, including active duty mobilization from April 2006 to September 2007 and May 2010 to May 2011. 

7.  He was honorably discharged from the ARNG on 27 October 2013 and transferred to the Retired Reserve.  His NGB Form 22 shows in:

* Item 5a (Rank) - SSG
* Item 5b (Grade) - E-6
* Item 6 (Date of Rank) - 04-11-10

8.  On 8 November 2013, KSARNG published orders transferring him to the Retired Reserve effective 27 October 2013.  

9.  He submitted a DD Form 108 (Application for Retired Pay Benefits) to the U.S. Army Human Resources Command (HRC).  He listed the highest military pay grade held as MSG/E-8.  

10.  On 21 November 2013, HRC published Orders C11-398824 placing him on the Retired List in his retired grade of SSG/E-6 effective his 60th birthday. 

11.  On 25 July 2014, HRC published Orders C11-298824A01 amending his retirement orders to show he was placed on the Retired List in his retired grade of MSG/E-8 effective his 60th birthday. 

12.  Army Regulation 135-180 (ARNG and Army Reserve Qualifying Service for Retired Pay Nonregular Service) 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.  

13.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the ARNG enlisted Soldiers in various functional areas.  It also provides guidance for completion of the NGB Form 22.  The NGB Form 22 is a document that records a member's service in the ARNG. 

* Items 5a and 5b show the rank/grade as recorded on the DA Form 2-1 (Enlisted Qualification Record) at the time of separation
* Item 6 shows the date of rank of the rank held at separation




DISCUSSION AND CONCLUSIONS:

1.  With respect to his grade when placed on the Retired List, on his 60th birthday, HRC originally published orders placing him on the Retired List in his retired grade of SSG/E-6 effective his 60th birthday.  However, amendment orders were published amending his retirement orders to show he was placed on the Retired List in his retired grade of MSG/E-8 effective his 60th birthday.  Therefore, no further action is required and he should soon be receiving retired pay in the higher grade.

2.  With respect to correction of his NGB Form 22, the applicant held the rank/grade of SSG/E-6 at the time of his separation from the ARNG.  The NGB Form 22 is a record of a member's service in the ARNG and reflects a member's personnel data at the time of separation.  His NGB Form 22 correctly listed his rank/grade of SSG/E-6 and there is no reason to change that. 

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)                                         AR20140000177





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ABCMR Record of Proceedings (cont)                                         AR20140000177



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