IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150000787
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, correction of his records to show he was placed on the Retired List in the rank/grade of sergeant (SGT)/E-5.
2. The applicant states he was never promoted beyond the rank/grade of specialist (SPC)/E-4. He was repeatedly passed over for Noncommissioned Officer Education System (NCOES) schools.
3. The applicant provides two DD Forms 214 (Certificate of Release or Discharge from Active Duty), DA Form 2-1 (Personnel Qualification Record), three orders, three diplomas, two college transcripts, and three letters.
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 was born on 1 November 1954. He was awarded an Associate's Degree in Parks Management from Kirkwood Community College, Cedar Rapids, IA, in 1979.
3. He enlisted in the Regular Army (RA) on 29 April 1980 and he held military occupational specialty (MOS) 17C (Field Artillery Target Acquisition Specialist). On 29 October 1980, he was promoted to the rank of SPC. On 28 April 1983, he was honorably released from active duty in the rank of SPC and he was transferred to the U.S. Army Reserve (USAR).
4. On 12 July 1983, he enlisted in the RA and served in MOS 17C. His DA Form 2-1 shows he was promoted to the rank of SPC on 1 September 1984. On 11 July 1986, he was honorably discharged from the RA in the rank of SPC.
5. He provides a transcript from The University of the State of New York that shows he was awarded a Bachelor of Science Degree in Liberal Arts on 22 May 1987.
6. In December 1987, he enlisted in the Oregon Army National Guard (ORARNG). He was assigned to the 2nd Battalion, 218th Field Artillery (FA) Regiment, Hood River, OR, in MOS 93F (FA Meteorological Crewmember). In December 1995, he requested a conditional release from the ORARNG to enlist in the USAR in IA. On 15 January 1996, he was honorably discharged from the ORARNG in the rank of SPC.
7. On 16 January 1996, he enlisted in the USAR in the rank of SPC for a period of 6 years. He was assigned to the 872nd Maintenance Company, Washington, IA, in MOS 92A (Automated Logistics Specialist). On 18 September 1996, he transferred to the 308th Quartermaster Company, Washington, IA. On 4 March 1999, he was awarded primary MOS 52D (Power Generator Equipment Repairer). On 8 December 2002, he reenlisted in the USAR in the rank of SPC for a period of 3 years.
8. The applicant provides Orders 04-121-0001, dated 30 April 2004, issued by Headquarters, 89th Regional Readiness Command, releasing him from his current assignment in the rank of SPC by reason of being medically disqualified and transferring him to the Retired Reserve.
9. He provides Orders C11-498913, dated 4 November 2014, issued by the U.S. Army Human Resources Command (HRC) placing him on the Army of the United States Retired List on 1 November 2014 in the rank of SPC.
10. His record does not contain orders promoting him to the rank of SGT. His record does not contain any evidence that shows he ever served in the USAR in the rank of SGT and was subsequently reduced to the rank of SPC through no fault of his own.
11. His record does not contain any evidence that shows he ever requested or was denied attendance at a military school.
12. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), paragraph 1-4, states that retired pay is pay granted to Soldiers and former Reserve Component Soldiers under Title 10, U.S. Code, after completion of 20 or more years of qualifying service and upon attaining age 60. This pay is based on the highest grade satisfactorily held at any time during an individual's entire period of service, other than in an inactive section of a Reserve Component.
DISCUSSION AND CONCLUSIONS:
1. By law, a person granted retired pay will receive such pay in the highest grade satisfactorily held by him or her during his or her entire period of service. The evidence of record shows the highest grade the applicant held while serving in the USAR was SPC.
2. In the absence of evidence that shows he was promoted to the rank of SGT and satisfactorily served in the rank of SGT during his service in the USAR prior to his transfer to the Retired Reserve on 30 May 2004, there is insufficient evidence upon which to grant him 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.
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