BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140001879
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 he retired from the Alabama Army National Guard (ALARNG) in August 1995 in the rank/grade of staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5 with back pay and allowances.
2. The applicant states his pay for the past 18 years has been at the rate of E-5. He requests compensation for the time he was paid as an E-5 when it should have been E-6. His highest rank was blocked on the National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 12 March 1968. He now has a clearer copy of this form that shows he held the pay grade of E-6. He gave 26 years of his life to the military and he believes he should be retired at the higher grade of E-6.
3. The applicant provides:
* 1995 Certificate of Retirement
* DD Form 1172 (Application for Identification Card/DEERS [Defense Enrollment Eligibility Reporting System] Enrollment)
* 1968 NGB Form 22
* Retired Reserve Certificate
* Army Commendation Medal certificate
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born on 11 August 1935.
2. He enlisted in the U.S. Air Force (USAF) on 28 April 1955 and he was honorably released from the USAF in pay grade E-3 on 1 December 1958.
3. He enlisted in the ALARNG on 13 March 1961. He was called to active duty on 11 June 1963. He was released from active duty in the rank/pay grade of specialist four (SP4)/E-4 on 16 June 1964.
4. He was honorably discharged from the ALARNG in the rank/pay grade of SP4/E-4 on 12 March 1968. His NGB Form 22 for the period 13 March 1961 through 12 March 1968 shows the following entries:
* Item 25 (Prior Service), AF 28 April 1955 to 1 December 1958
* U.S. Army Reserve (USAR) 2 December 1958 to 12 March 1961
* Item 29 (Highest Grade Held) SSG/E-6
5. He enlisted in the ALARNG in the rank/grade of SP4/E-4 on 18 May 1982. He was assigned to the 731st Maintenance Battalion, Tallassee, AL. He later extended his enlistment in the ARNG.
6. On 19 December 1984, Headquarters, 731st Maintenance Battalion published Orders 36-1 promoting him to the rank of specialist five (SP5)/E-5 in military occupational specialty 94B (Cook), effective 15 December 1984.
7. On 15 March 1993, ALARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
8. On 28 December 1995, Personnel Service Branch two, ARNG, Enterprise, AL issued Orders 181-12 discharging him from the ARNG and transferring him to the Retired Reserve effective 17 August 1995. The orders listed his rank as SGT.
9. He was honorably discharged from the ARNG on 17 August 1995 and transferred to the Retired Reserve. His NGB Form 22 listed his rank/grade as SGT/E-5 and his effective date of rank as 15 December 1984.
10. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record) listed the rank of SGT as the highest rank he held.
11. On 20 July 1995, U.S. Army Reserve Personnel Center, St. Louis, MO, issued Orders P-07-302980 placing him on the Retired List in his retired grade of SGT/E-5 effective 11 August 1995, his 60th birthday.
12. On 15 January 2014, an official at the U.S. Army Human Resources Command informed him that a copy of his promotion orders is needed to corroborate his promotion o SSG/E-6.
13. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states, in pertinent part, 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. Service in the highest grade will not be deemed satisfactory if it is determined that any of the following factors exist: 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 there is information in the Soldiers service record to indicate clearly that the highest grade was not served satisfactorily.
DISCUSSION AND CONCLUSIONS:
1. By regulation, Reserve members of the Armed Forces are entitled to be placed on the Retired List in the highest grade in which they satisfactorily served. However, in the applicant's case, there is insufficient evidence to establish when he was promoted to SSG/E-6 (promotion order), whether he performed this service satisfactorily (evaluation reports), whether he satisfied the service remaining requirements for this promotion, and the reason for his revision to the lower grade upon enlistment in the ALARNG.
2. All evidence, minus the 1968 NGB Form 22 he provides, shows the highest grade he held was that of SGT/E-5. There is insufficient evidence to support his contention that he held and satisfactorily served in the rank/grade of SSG/E-6. In view of the foregoing evidence, he is not entitled to the requested relief.
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) AR20140001879
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ABCMR Record of Proceedings (cont) AR20140001879
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