Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140013834
Original file (20140013834.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140013834 


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 retired rank/pay grade from warrant officer one/W-1 to master sergeant (MSG)/E-8.

2.  The applicant states that it was brought to his attention by the Defense Finance and Accounting Services that he should have been retired as an MSG for pay purposes. 

3.  The applicant provides:

* Orders 066-0250, issued by Headquarters, U.S. Army Garrison, Fort Bragg, NC, dated 7 March 2014
* Orders Number 325-12, issued by the U.S. Army Human Resource Command, dated 20 November 2008
* ORB (Officer Record Brief)
* two DD Forms 214 (Certificate of Release or Discharge from Active Duty) 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he completed 21 years, 11 months, and 
4 days of prior enlisted service before being appointed as a Reserve warrant officer on 18 May 2010.

2.  A memorandum, subject:  Request for an Exception to Policy for Service Obligation Submission, dated 7 October 2013, shows he requested a waiver for service obligation submission due to voluntary retirement in lieu of elimination.
3.  A memorandum, subject:  Retirement In Lieu of Elimination/Army Grade Determination, dated 15 January 2014, shows elimination action was initiated on the applicant by the Commanding General, Headquarters, U.S. Army Special Forces Command (Airborne), Fort Bragg, NC for misconduct, moral or professional dereliction.  The General Officer Show Cause Authority recommended that his request for retirement in lieu of elimination be approved and that he be discharged with an honorable characterization of service.

4.  A memorandum, subject:  Retirement in Lieu of Elimination Case [Applicant], dated 28 January 2014, shows the Deputy Assistant Secretary (Army Review Boards) approved his retirement in lieu of elimination. 

5.  On 30 April 2014, he retired due to unacceptable conduct in the pay grade of W-1.  He had completed a total of 25 years, 10 months, and 23 days of active service.

6.  Orders 066-0250, issued by Headquarters, U.S. Army Garrison, Fort Bragg, NC, show he was placed on the Retired List with an effective date of 1 May 2014.  

7.  Army Regulation 600-8-24 (Officer Transfers and Discharges), provides the policies and procedures governing the transfer and discharge of Army officer personnel.   Chapter 6-1(e), provides that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than 30 days.

8.  Title 10, U.S. Code, section 1371, provides that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve 
warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than
30 days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show he was retired in the rank/pay grade of MSG/E-8, the highest enlisted grade he satisfactorily held.
 
2.  On 18 May 2010, he was appointed as a WO1 and he held this pay grade on the day before his retirement.  The governing regulation provides that a warrant officer will be retired in the pay grade he held on the day before his retirement date; therefore, his retirement pay grade is correct.

3.  In view of the foregoing, there is insufficient evidence to support granting his 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)                                         AR20140013834



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013834



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130013648

    Original file (20130013648.txt) Auto-classification: Denied

    The applicant requests correction of items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 April 2012 to show his rank/pay grade as master sergeant (MSG)/E-8. The applicant provides amended orders, dated 4 April 2012. The evidence of record shows the applicant held the rank/pay grade of SFC/E-7 at the time of his retirement on 26 April 2012.

  • ARMY | BCMR | CY2012 | 20120007095

    Original file (20120007095.txt) Auto-classification: Approved

    The applicant requests correction of her records to show she timely requested an extension of her entitlement to ship her household goods (HHG) to her home of selection (HOS). Travel and transportation entitlements expire 6 years from the date of retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing she timely requested extension of her travel and transportation entitlements on 30 April 2010 that was...

  • ARMY | BCMR | CY2012 | 20120019167

    Original file (20120019167.txt) Auto-classification: Approved

    The applicant's military service records contain an NGB Form 22 showing he was honorably discharged from the MEARNG and transferred to the Retired Reserve effective 1 March 2008. Orders 322-17, U.S. Army Physical Disability Agency, dated 18 November 2010, show the applicant was removed from the TDRL and discharged from the service with severance pay due to permanent physical disability in the rank of SSG with a disability rating of 20 percent effective 1 September 2008. As a result, the...

  • ARMY | BCMR | CY2014 | 20140020641

    Original file (20140020641.txt) Auto-classification: Denied

    The applicant states: a. However, this one incident on her record forced her to retire and she was placed on the Retired List in the rank of 1LT/O2E. During that time she was a company commander and CSM G was the Battalion CSM.

  • ARMY | BCMR | CY2014 | 20140010426

    Original file (20140010426.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. Therefore, given he has explained the reasons for his failure to submit the extension request on time and notwithstanding the Department of the Army G-4's disapproval of his exception to policy request, it would be appropriate and serve the...

  • ARMY | BCMR | CY2014 | 20140009184

    Original file (20140009184.txt) Auto-classification: Approved

    He was placed on the Retired List effective 19 March 2014 with a retired grade of rank of corporal. His retirement orders were amended to show his retired grade of rank as sergeant. Therefore, his DD Form 214 should be amended to show he was a sergeant, pay grade E-5 with an effective date of grade as 18 March 2014.

  • ARMY | BCMR | CY2014 | 20140003528 (2)

    Original file (20140003528 (2).txt) Auto-classification: Denied

    In 2004 he was laterally moved to the S-2 duty position as a MSG. These orders show he was permanently retired in the rank of MSG. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that a noncommissioned officer (NCO), holding the grade of MSG at retirement and whose record shows successful service as a 1SG, will be placed on the Retired List in the grade title 1SG.

  • ARMY | BCMR | CY2014 | 20140003528

    Original file (20140003528.txt) Auto-classification: Denied

    In 2004 he was laterally moved to the S-2 duty position as a MSG. These orders show he was permanently retired in the rank of MSG. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that a noncommissioned officer (NCO), holding the grade of MSG at retirement and whose record shows successful service as a 1SG, will be placed on the Retired List in the grade title 1SG.

  • ARMY | BCMR | CY2014 | 20140003528

    Original file (20140003528 .txt) Auto-classification: Denied

    In 2004 he was laterally moved to the S-2 duty position as a MSG. These orders show he was permanently retired in the rank of MSG. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that a noncommissioned officer (NCO), holding the grade of MSG at retirement and whose record shows successful service as a 1SG, will be placed on the Retired List in the grade title 1SG.

  • ARMY | BCMR | CY2014 | 20140015388

    Original file (20140015388.txt) Auto-classification: Denied

    The applicant states: * she was processed under the integrated disability system (IDES) and she was permanently retired in the rank/grade of sergeant first class (SFC)/E-7 * the Army Grade Determination Review Board (AGDRB) considered her case and denied her request to be retired in the rank/grade of MSG/E-8 * she was promoted to MSG/E-8 in 2001 and served satisfactorily in that rank/grade; she was also laterally appointed to first sergeant (1SG) * she was the first female 1SG assigned to...