IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021453
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 removal of Virginia Army National Guard (VAARNG) Orders Number 097-035, dated 7 April 2010, from his Official Military Personnel File (OMPF).
2. The applicant states that in the Consideration of Evidence of his previous Record of Proceedings, the Army Board for Corrections of Military Records (ABCMR) considered the unpublished orders that reduced him in grade from E-8 to E-7 with a date of rank (DOR) of 1 May 2002. These orders were never distributed through proper channels or provided to him and his pay record reflects that the orders were never processed by the Defense Finance and Accounting Service (DFAS). His pay grade was never changed through DFAS and it was only changed at the time of his retirement. It appears the only place the orders were distributed was to his OMPF.
3. The applicant provides no additional evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records that were summarized in the applicant's previous case, as promulgated in ABCMR Docket Number AR20140004208 on 3 December 2014, wherein the applicant requested correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as master sergeant (MSG)/E-8 instead of sergeant first class (SFC)/E-7. In that case, the VAARNG orders that form the basis for this new request were cited as evidence.
2. In the previous Record of Proceedings, it was noted that:
a. Having had prior service, the applicant enlisted in the VAARNG on 8 July 1997.
b. He was promoted to the rank/grade of SFC/E-7 on 1 May 2002.
c. He was administratively reduced in rank/grade from first sergeant (1SG)/ E-8 to SFC/E-7, by VAARNG Orders Number 265-048, effective 25 September 2006.
d. He was promoted in rank/grade to MSG/E-8, by VAARNG Orders Number 358-014, effective 19 December 2008.
e. He entered active duty on 6 October 2008 and served in Kuwait/Iraq from 8 December 2008 to 8 September 2009. He was released from active duty in the rank/grade of MSG/E-8 on 20 October 2009.
f. He reentered active duty in an Active Guard Reserve status on 21 October 2009.
g. He was laterally appointed in grade from MSG to 1SG on an unknown date.
h. He was laterally appointed in grade from 1SG to MSG by VAARNG Orders Number 091-005, effective 1 April 2010.
i. He was administratively reduced in rank/grade from MSG/E-8 to SFC/E-7, by VAARNG Orders Number 097-035, published by the VAARNG on 7 April 2010, effective 1 April 2010 with a DOR of 1 May 2002.
j. He retired on 31 July 2013 in the rank/grade of SFC/E-7.
3. VAARNG Orders Number 097-035, dated 7 April 2010, are currently filed in the service folder of the applicant's Official Military Personnel File (OMPF) located in his Interactive Personnel Electronic Records (iPERMS) records.
4. There is no evidence in the applicant's OMPF that indicates VAARNG Orders Number 097-035, dated 7 April 2010, are erroneous, were published in error, or were revoked after the date of publication.
5. Army Regulation 600-8-104 (Military Personnel Information Management/ Records), in effect at the time, provided the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF. Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table 2-1 (Composition of the OMPF) provides that promotion or reduction orders are to be filed in the service folder of the OMPF.
6. Army Regulation 600-8-104 also provides that once a document is placed in the OMPF, it becomes a permanent part of that file. It is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the orders reducing him from MSG to SFC should be removed from his OMPF because they were not properly distributed through channels or provided to him, and his pay record reflects these orders were never processed by DFAS.
2. The evidence shows he was reduced from the rank and grade of MSG/E-8 to SFC/E-7 by VAARNG Orders Number 097-035, dated 7 April 2010. The evidence also shows he was retired in the rank and grade of SFC/E-7 on 31 July 2013.
3. There is no evidence in his OMPF, and he failed to provide any evidence that indicates the orders in question are erroneous, were published in error, or were revoked after the date of publication. As a result, he has failed to establish a material error in his record and there is no basis for granting the 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) AR20140021453
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140021453
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004208
It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation provides for entry of the rank and pay grade at time of separation and the effective date of pay grade at the time of separation or release from active duty. The applicant's DD Form 214 correctly lists his rank/grade and effective date of pay grade.
ARMY | BCMR | CY2010 | 20100026331
The applicant requests correction of his record to show he was placed on the Retired List in pay grade E-8. An ARNG Retirement Points History Statement, prepared on 17 August 2007, shows his highest grade held as E-8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 7-14e, provides that concurrent with separation from the ARNG and transfer to the Retired Reserve or placement on the Retired List, Soldiers will be retired at the highest enlisted grade satisfactorily...
ARMY | BCMR | CY2014 | 20140015388
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...
ARMY | BCMR | CY2010 | 20100025067
IN THE CASE OF: BOARD DATE: 21 July 2011 DOCKET NUMBER: AR20100025067 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he was promoted to master sergeant (MSG)/E-8 on 23 July 1987, was laterally appointed to 1SG/E-8, and served in that rank and pay grade until he accepted a voluntary reduction to sergeant first class (SFC)/ E-7 on 1 October 1991. The applicant provides copies of his 23 July 1987 promotion certificate, 12 February 1989 reenlistment contract, 26 April...
ARMY | BCMR | CY2012 | 20120005773
In order to support a change to the applicant's grade at the time of retirement or his advancement on the Retired List, there must be evidence that the applicant completed the satisfactory service requirement to complete 2 years of active duty service in the higher grade of MSG. Further, the evidence of record and independent evidence submitted by the applicant while showing he was twice promoted to 1SG/MSG and twice administratively reduced to SFC, not due to his own misconduct, while...
ARMY | BCMR | CY2011 | 20110010807
IN THE CASE OF: BOARD DATE: 22 November 2011 DOCKET NUMBER: AR20110010807 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed duties of 1SG, Company E, 3rd Engineer Battalion, from 26 March 1959 to 2 June 1961. Army Regulation 635-200, currently in effect, states NCO's holding the rank of MSG at retirement whose records show successful service as a 1SG will be placed on the Retired List in the...
ARMY | BCMR | CY2011 | 20110023158
The applicant states: * her E-8 promotion packet was submitted in January 2007 which resulted in her name being published on the permanent promotion recommended list (PPRL) in February 2007 * in April 2007, a promotion notice was sent to the Defense Finance and Accounting Service (DFAS) with a retroactive date of 1 January 2007 * she requested promotion orders from the orders publishing authority, but she never received promotion orders * she exhausted all due diligence researching promotion...
ARMY | BCMR | CY2002 | 2002078747C070215
EVIDENCE OF RECORD : The applicant's military records show: The applicant’s Service Record (DA Form 24), covering his period of service from 21 July 1949 through his retirement date of 31 January 1956, confirms in Section I (Appointments, Promotions, or Reductions) that on 8 August 1955, he was promoted to rank and pay grade of SFC/E-6, which was the rank he held on the date of his separation for the purpose of retirement. Further, current regulatory policy mandates that in order to be...
ARMY | BCMR | CY2012 | 20120022508
His transfer was to take effect 15 July 2001 and he kept SFC C----- informed as to the progress of his promotion and requested he look for an E-8 position anywhere within the state. According to the UMR's he provided there were four available E-8 positions: two 1SG positions, an operations sergeant position, and an intelligence sergeant position. He was promoted by the TXARNG to E-8 just prior to the transfer, but he was placed in an E-7 position by the AKARNG.
ARMY | BCMR | CY2009 | 20090018054
Headquarters, Department of the Army Special Orders Number 60, dated 28 March 1969, released the applicant from active duty on 30 June 1969 and, on the date following, placed him on the retired list and transferred him to the U.S. Army Reserve (Retired Reserve) in the rank of MSG. Army Regulation 635-200 (Enlisted Personnel, Personnel Separations), chapter 12, currently in effect, states that NCOs holding the rank of MSG at retirement, whose records show successful service as a 1SG, will be...