IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140013848
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 records to show he was advanced on the Retired List to the rank and pay grade of platoon sergeant (PSG)/E-7 under the provisions of Title 10, U.S. Code, section 3964, and 30 years of total service.
2. The applicant states:
* he was promoted in the Army National Guard (ARNG) to PSG/E-7 in 1977
* he performed all his duties as an infantry PSG until 24 August 1982
* he was administratively reduced to specialist (SPC)/E-4 on 24 August 1982 due to the lack of an available position
* he had no career progression opportunities so he decided to transfer from an infantry unit to an aviation unit
* he worked his way up from E-4 to E-7
* he had mental and physical issues from his infantry combat duty in Vietnam
* he was admitted to the hospital several times for post-traumatic stress disorder
* he was medically retired on 6 September 1993
* the Army retired him in the rank/grade of staff sergeant (SSG)/E-6
3. The applicant provides:
* reduction orders, dated 24 August 1982
* DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 11 May 1982 and 6 September 1993
* DD Form 215 (Correction to DD Form 214)
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* discharge orders, dated 2 June 1993
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the ARNG on 24 April 1967. He was honorably discharged from the ARNG on 23 January 1970 and transferred to the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR). He again enlisted in the ARNG on 15 March 1971. He was promoted to PSG/E-7 effective 12 July 1977. He was ordered to active duty on 12 May 1980, served as a PSG, and was released from active duty on 11 May 1982.
3. On 24 August 1982, he was administratively reduced in rank from PSG/E-7 to SPC/E-4 without prejudice to accept a valid duty position following completion of his term in the PSG position.
4. He entered active duty on 22 October 1984 in an ARNG Active Guard Reserve status. He was promoted to SSG/E-6 effective 26 February 1990. On 6 September 1993, he retired by reason of permanent physical disability in the rank of SSG. His DD Form 214 for the period ending 6 September 1993 shows he completed:
* 13 years and 9 months of creditable active service
* 11 years, 10 months, and 14 days of prior inactive service
5. He was placed on the Retired List effective 7 September 1993 in the rank/
grade of SSG/E-6.
6. Title 10, U.S. Code, section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled to be advanced on the Retired List to the highest grade in which he or she satisfactorily served on active duty (or, in the case of a member of the ARNG, which he or she served on full-time duty satisfactorily), as determined by the Secretary of the Army when his or her active service plus his or her service on the Retired List totals 30 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the ARNG from 24 April 1967 through 23 January 1970, at which time he was transferred to the USAR IRR to complete his remaining service obligation. Prior to reaching his ETS, he again enlisted in the ARNG. He was promoted to PSG/E-7 effective 12 July 1977 and he served on active duty in this rank from May 1980 to May 1982.
2. In August 1982, he was administratively reduced to SPC/E-4 without prejudice to accept a valid duty position.
3. He retired from the ARNG on 6 September 1993 by reason of permanent physical disability.
4. He was placed on the Retired List effective 7 September 1993 in the rank/grade of SSG/E-6.
5. Since he was in a continuous active status from 24 April 1967 until his retirement on 6 September 1993, and he reached 30 years of combined active service plus service on the Retired List effective 23 April 1997, he should be advanced on the Retired List in the rank/pay grade of PSG effective 24 April 1997 and paid any monies due as a result of this correction as allowed by law.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his military records to show he was advanced on the Retired List in the rank/grade of PSG/E-7 effective 24 April 1997 and paid any monies 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) AR20140013848
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ABCMR Record of Proceedings (cont) AR20140013848
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