IN THE CASE OF: BOARD DATE: 17 December 2013 DOCKET NUMBER: AR20130006551 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 be placed on the Retired List as a sergeant first class (SFC)/E-7. 2. The applicant states: * he was promoted to the rank of E-7 in December 1983 * he had to relocate to South Carolina and he was administratively reduced in rank due to an interstate transfer with no vacancy on 7 June 1985 * his understanding was that he would retire in his highest pay grade which was E-7, but he was not 3. The applicant provides: * promotion orders * reduction orders * NGB (National Guard Bureau) Form 22-4-R (Interstate Transfer Request) * Notification of Eligibility for Retired Pay at Age 60 (20-year letter) * retirement orders * Certificate of Retirement CONSIDERATION OF EVIDENCE: 1. The applicant was born on 30 April 1952. Having prior active service in the Regular Army, he enlisted in the Army National Guard on 15 August 1981. He was promoted to SFC effective 3 December 1983. 2. On 7 June 1985, he was reduced in rank to sergeant (SGT)/E-5. The reason for this administrative reduction was due to an interstate transfer with no grade vacancy. 3. On 16 February 1990, he enlisted in the U.S. Army Reserve. 4. He was promoted to staff sergeant (SSG)/E-6 effective 19 October 1992. 5. His retirement orders, dated 14 September 2011, show he was placed on the Retired List in the rank/grade of SSG effective 30 April 2012. 6. His Certificate of Retirement shows his rank as SSG. 7. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states 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. The evidence of record shows the applicant was promoted to SFC/E-7 on 3 December 1983 and he served in this rank until 1985 when he was reduced to SGT/E-5 on 7 June 1985. This was an administrative reduction for the purpose of an interstate transfer with no grade vacancy. 2. Since there is no evidence of record which shows his service in the rank of SFC was not satisfactory, and in accordance with the governing regulation, his military records should be corrected to show he was placed on the Retired List in the rank/grade of SFC/E-7 effective 30 April 2012. 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 showing he was placed on the Retired List in the rank/grade of SFC/E-7 effective 30 April 2012 and paying him any retired pay 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) AR20130006551 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130006551 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1