IN THE CASE OF:	  

		BOARD DATE:	  24 September 2015

		DOCKET NUMBER:  AR20150001637 


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 to have his retired rank shown as staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5.  

2.  The applicant states, in effect:

* he held the rank of SSG for at least 3 years
* his military records were lost and as such he was unable to either prove or disprove his contention
* a discharge appeals board for the Michigan Army National Guard (MIARNG), convened on 9 May 2014, has since affirmed he was administratively reduced from SSG to SGT due to a change in the unit's Modified Table of Organization and Equipment (MTOE); the board recommended his rank be restored to SSG
* on 18 June 2014 the Adjutant General (TAG) for the MIARNG approved the board's recommendation

3.  The applicant provides:

* certificate of promotion to SSG as of 3 April 1982
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) dated 1 December 1994
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 January 1986
* results of the MIARNG Discharge Appeals Board with associated documents, to include the MIARNG TAG's approval
* NGB Form 23 (Army National Guard - Retirement Credits Record)
* DA Form 2166-6 (Enlisted Evaluation Report), for the period October 1985 thru August 1986, showing the applicant's rank as SSG
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)), for the period December 1992 through November 1993, showing the applicant's rank as SGT
* NGB Form 22 for the period ending 1 December 1994
* Orders 234-058, dated 29 November 1994, issued by the MIARNG, showing the applicant was discharged from the MIARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Retired Reserve), effective 1 December 1994

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 April 1974.  He was honorably discharged on 14 September 1976 for the purpose of immediately reenlisting on 15 September 1976.  

2.  He was honorably discharged from active duty on 19 January 1986.  His 
DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 9 years, 4 months, and 5 days of net active creditable service, with 2 years, 4 months, and 19 days of prior active service and 17 days of prior inactive service.  His rank/grade is shown as SSG/E-6.

3.  Following a short break in service, he enlisted in the MIARNG on 12 February 1986 in the rank of SSG.

4.  Orders 5-5, dated 1 May 1987, issued by the MIARNG, show the applicant was reduced in grade from SSG to SGT effective 1 May 1987.  This reduction was shown as being voluntary and without prejudice.  The authority was National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 6-32 (Authority).

5.  A review of his available record shows no negative NCOERs and contains no derogatory information for his entire period of MIARNG service.

6.  On 1 December 1994, he was honorably discharged from the MIARNG.  His NGB Form 22 shows he completed 20 years, 7 months, and 24 days of total service for pay.  His rank/grade are shown as SGT/E-5.

7.  Orders 234-058, dated 29 November 1994, issued by the MIARNG, shows the applicant was discharged from the MIARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Retired Reserve) effective 1 December 1994.  His rank is shown as SGT.

8.  Orders C07-395461, dated 15 August 2013, issued by the U.S. Army Human Resources Command (HRC) shows the applicant was placed on the Retired List effective 9 September 2013.  His rank/grade is shown as SGT/E-5.

9.  The applicant provides:

	a.  A memorandum, dated 18 June 2014, from the MIARNG to the TAG, MIARNG, subject:  Discharge Appeals Board.  This document essentially states a board was convened on 8 May 2014 and found sufficient documents to recommend changing his rank from SGT to SSG on his MIARNG retirement orders.  The memorandum further noted the applicant's date of rank (DOR) as a SSG was 1 May 1982, that he had enlisted in the MIARNG as a SSG, and that he had been administratively reduced to SGT as a result of an MTOE change.

	b.  A memorandum, dated 18 June 2014, from the MIARNG TAG addressed to the MIARNG, G-1, subject:  Discharge Appeals Board Recommendation [applicant].  The memorandum is signed by the MIARNG TAG and approves the board's recommendation to adjust the applicant's rank from SGT to SSG.

10.  Department of Defense Financial Management Regulation, volume 7B (Military Pay Policy and Procedures-Retired Pay), chapter 1 (Initial Entitlements-Retirements), section 0105 (Rank and Pay Grade), paragraph 010501A (General Determinations) states that unless entitled to a higher grade under some other provision of law, those Regular and Reserve members who retire other than for disability, will retire in the Regular or Reserve grade they hold on the date of retirement.  Paragraph 10503 (Satisfactory Service) provides that the determination as to what constitutes satisfactory service for the purpose of retirement in the highest grade is within the discretionary power of the Secretary of the Military Department concerned.

11.  Army Regulation 135-180 (ARNG and Army Reserve Qualifying Service for Retired Pay Nonregular Service) states that a person granted retired pay will receive such pay in the highest grade (temporary or permanent) satisfactorily held by him or her during his or her entire period of service.  Service in the highest grade will not be deemed satisfactory if it is determined that any of the following factors exist: 

	a.  Revision to a lower grade was expressly for prejudice or cause, due to misconduct, or punishment pursuant to Article 15, Uniform Code of Military Justice, or court-martial; or 
	b.  There is information in the Soldier's service record to indicate clearly that the highest grade was not served satisfactorily.

DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, a person granted retired pay will receive such pay in the highest grade satisfactorily held during the entire period of service.  Service in the highest grade will not be deemed satisfactory if it is determined the revision to a lower grade was due to misconduct or court-martial or if there is information in the Soldier's service record to indicate clearly that the highest grade was not served satisfactorily.

2.  In the applicant's case, the evidence of record shows he was promoted to the rank/grade of SSG/E-6, on 3 April 1982 and held that rank at the time he was honorably discharged from active duty on 19 January 1986.

3.  After a short break in service he enlisted in the MIARNG in the rank of SSG, and continued to hold that grade until he was administratively reduced on 1 May 1987.  He was ultimately transferred to the Retired Reserve on 1 December 1994 in the rank/grade of SGT/E-5.

4.  Nothing in his records indicate he was reduced from the rank of SSG/E-6 for misconduct or any other negative/derogatory reason.  Thus, he should have his records corrected to show he retired in the rank/grade of SSG/E-6 on his 60th birthday and payment of any additional retired pay he may be due as a result of this correction.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  Amending Orders C07-395461, dated 15 August 2013, issued by the U.S. Army Human Resources Command (HRC), to show he was retired in the rank of SSG/E-6 effective 9 September 2013.

	b.  Paying him any additional retired pay due as a result of the above 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)                                         AR20150001637



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ABCMR Record of Proceedings (cont)                                         AR20150001637



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