IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013102
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, placement on the retired list in the rank/grade of command sergeant major (CSM)/E-9.
2. She states she was promoted to E-9 effective 15 July 2004. She adds that when her tenure as a CSM ended, she had to find another position as both a CSM and a fulltime unit administrator. She maintains there were no CSM positions available and on 22 September 2011, she had to accept a master sergeant (MSG)/E-8 position.
3. She provides excerpts from Army Regulation 600-8-19 (Enlisted Promotions and Reductions) and Orders:
* 04-189-00058, dated 7 July 2004
* 11-265-00002, dated 22 September 2011
* 13-182-00058, dated 1 July 2013
* C12-399088, dated 3 December 2013
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 1 December 1953. She enlisted in the U.S. Army Reserve (USAR) on 25 July 1974.
2. On 27 August 2003, she was notified that she had completed the required years of service to be eligible for retired pay upon application at age 60 (Twenty-Year Letter).
3. Orders 04-189-00058, dated 7 July 2004, issued by Headquarters, 99th Regional Readiness Command (RRC) show she was promoted to sergeant major (SGM)/E-9 effective 15 July 2004.
4. A DA Form 4187 (Personnel Action), dated 20 June 2007, shows she was laterally appointed as a CSM effective 15 July 2007.
5. The applicant's record is void of orders showing the effective date she was reappointed from CSM to SGM. A Noncommissioned Officer Evaluation Report (NCOER) from 15 June 2010 through 14 June 2011 shows she was rated as the CSM, 2d Battalion, 312th Regiment. However, Orders 11-265-00002, dated
22 September 2011, issued by Headquarters, 99th RRC show she was reduced from SGM to MSG with a date of rank of 1 August 1997, effective 22 September 2011. The authority was listed as Army Regulation 600-8-19, paragraph 10-19a.
6. Orders 13-182-00058, dated 1 July 2013, issued by Headquarters, 99th RRC show she was released from the USAR due to "Medically Disqualified - Not Result of Own Misconduct" and reassigned to the Retired Reserve effective
1 August 2013.
7. Orders C12-399088, dated 3 December 2013, issued by U.S. Army Human Resources Command (HRC) show she was placed on the Army of the United States Retired List on 2 August 2013, in the retired grade of "Master Sergeant
(E-9)" [sic]. Her AHRC Form 249-E (Chronological Statement of Retirement Points) shows her retired grade as MSG/E-8.
8. Army Regulation 600-8-19, in effect at the time, prescribes the enlisted promotions and reductions function of the military personnel system. Paragraph 10-19a, USAR, states a Soldier on Active Guard Reserve status may request a voluntary reduction to one pay grade below that currently held to qualify for a new tour position being offered by Commander, HRC. This is when the Soldier's current tour position is not scheduled for renewal and no other tour position in the Soldier's grade and military occupational specialty is available. It may also be to provide the Soldier an opportunity to continue on tour in the current assignment.
9. 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 during his or her entire period of service. If the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be the highest grade which a commissioned officer or enlisted Soldier held while on active duty or in an active reserve status for at least 185 days or 6 calendar months. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to rank/pay grade SGM/E-9 effective 15 July 2004. She was laterally appointed to CSM/E-9 effective 15 July 2007. Although the exact date she was reappointed as a SGM is unknown, her NCOER confirm that she held the rank of CSM through 14 June 2014, which was more than 2 years. Her reduction to pay grade E-8 was the result of her inability to secure a position in a high grade. There is no evidence indicating her service in pay grade E-9 was unsatisfactory.
2. In connection with a non-regular retirement, enlisted members are entitled to receive retired pay in the highest grade held satisfactorily for at least 185 days or 6 calendar months while on active duty or in an active reserve status.
3. In view of the foregoing, her record should be corrected to show she was placed on the retired list in rank/pay grade CSM/E-9 and authorized to receive non-regular retired pay based on that pay grade effective 1 December 2013, the date she reached age 60 and became eligible to receive retired pay. Further, it would be appropriate to pay her any back retired pay due 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. showing her retired grade was established as CSM/E-9 and she was authorized to receive retired pay in that grade as of 1 December 2013; and
b. paying her any back retired pay due 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) AR20140013102
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ABCMR Record of Proceedings (cont) AR20140013102
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