IN THE CASE OF:	  

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140004322 


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, retired pay at the highest grade held (captain (CPT)). 

2.  The applicant states:

* there is no record of her service as a dual component (Regular Army (RA)) enlisted and U.S. Army Reserve (USAR) commission)
* she was informed at the time of commission and upon her active duty retirement that she would be eligible at age 62 for retired pay at the highest grade held 
* there appears to be an error in her records as there is no record of discharge (DD Form 214 (Certificate of Release or Discharge from Active Duty) from the USAR
* she retired from active duty as a master sergeant (MSG) and she was also transferred to the Retired Reserve as a CPT

3.  The applicant provides:

* Letter from the Defense Finance and Accounting Service (DFAS)
* DA Form 2A (Personnel Qualification Record - Part I)
* DA Form 2-1 (Personnel Qualification Record - Part II)
* Promotion to CPT as a Reserve commissioned officer of the Army
* Selection for promotion to first lieutenant (1LT)
* Promotion to 1LT as a Reserve commissioned officer of the Army
* DA Form 2339 (Application for Voluntary Retirement)
CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 4 August 1952. 

2.  Having had prior enlisted USAR service, the applicant enlisted in the RA on 28 February 1974 and she held administrative/personnel military occupational specialties. 

3.  She served through multiple reenlistments in the RA in a variety of assignments and she attained the rank/grade of MSG/E-8. 

4.  She was appointed as a Reserve commissioned officer of the Army (dual component) and executed an oath of office on 14 May 1984.  

5.  She was promoted to 1LT on 13 May 1987 and to CPT on 20 December 1991, in the USAR. 

6.  24 February 1993, she submitted an application for retirement based on completion of 20 or more years of active service, in accordance with Army Regulation 635-200 (Enlisted Personnel Separations), chapter 12.  Her request was approved. 

7.  On 26 February 1993, Headquarters, Fort McPherson, GA published Orders 057-00205 releasing her from active duty effective 30 September 1993 and placing her on the Retired List in her retired rank/grade of MSG/E-8 on 1 October 1993.  The orders listed her retired grade of rank as "MSG." 

8.  On 6 July 1993, Headquarters, Fort McPherson, GA published Orders       187-00207 amending her retirement orders to add "Transferred to the Retired Reserve in grade of Captain."  

9.  On 7 September 1993, Headquarters, Fort McPherson, GA published Orders 250-00202 further amending her retirement orders to delete the instruction "Transferred to the Retired Reserve in grade of Captain" and add the instruction "Transferred to Reserves in the grade of Captain." 

10.  She retired on 30 September 1993 and she was placed on the Retired List in the retired rank/grade of MSG/E-8 on 1 October 1993.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 
20 years, 1 month, and 24 days of active service and 20 years, 10 months, and 10 days of total service for pay.   

11.  It appears she recently communicated with DFAS regarding her retired pay.  In response, on 24 January 2014, DFAS directed her to this Board regarding her inquiry about changing/correcting the retirement factors. 

12.  Title 10, U.S. Code, section 1370 (10 USC 1370) provides the legal authority for retirement in the highest grade held satisfactorily for commissioned officers.  It states, in pertinent part, that a commissioned officer who retires under any provision of law shall be retired in the highest grade in which they served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months.  The law requires a member to serve on active duty in the rank and pay grade of CPT for a minimum period of six months in order for service in this rank and pay grade to be considered satisfactory for advancement on the Retired List purposes.  

13.  Title 10, U.S. Code, section 3964 provides the legal authority for advancement of warrant officers and enlisted members on the Retired List.  It states, in pertinent part, that warrant officer and enlisted members of the Army are entitled, when their active service plus their service on the retired list totals 
30 years, to be advanced on the Retired List to the highest grade in which they served on active duty satisfactorily.  

14.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 sets policies and procedures for voluntary retirement of Soldiers because of length of service.  Paragraph 12-3b states, in pertinent part, that retirement will be in the regular or Reserve grade the Soldier holds on the date of retirement as directed in Title 10, U.S. Code, section 3961.

15.  Paragraph 12-6 (Advancement on the Retired List) of the regulation contains guidance on the advancement of enlisted soldiers on the Retired List.  It indicates that advancement on the Retired List is limited to retired Soldiers who held a higher grade and successfully served in that higher grade while on active duty.  There are no provisions of law or regulation that provide for the advancement of an enlisted member who served, as a USAR commissioned officer, in a dual status.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she is entitled to be advanced to the rank of CPT on the Retired List and the supporting evidence she provided were carefully considered.  However, the evidence of record shows she never served on active duty as a commissioned officer in the rank of CPT.  Rather, she held a dual status as a commissioned officer in the Reserve Component and as an enlisted member of the RA on active duty.  
2.  By law, a commissioned officer must hold and serve in their rank of CPT on active duty for a minimum of six months before they can be placed on the Retired List in that rank/grade.  Advancement on the Retired List is only authorized when the member has satisfactorily served on active duty in a higher pay grade.

3.  The evidence of record confirms the highest rank and pay grade in which the applicant satisfactorily served on active duty was MSG/E-8, and she was appropriately placed on Retired List in that rank and pay grade.  Her dual status as a Reserve Component CPT does not fulfill this active duty satisfactory service requirement necessary for advancement on the Retired List, and as a result, it is concluded the requested relief is not warranted in this case. 

4.  Her Reserve Component service did not warrant the issuance of a DD Form 214 because the DD Form 214 is a synopsis of a Soldier's period of continuous active service.  Her USAR service was inactive.  

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)                                         AR20140004322



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ABCMR Record of Proceedings (cont)                                         AR20140004322



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