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
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ABCMR Record of Proceedings (cont) AR20140013834
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