IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150004901 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 U. S. Army Reserve (USAR) records to show his rank as staff sergeant (SSG), pay grade E-6 when he enlisted after leaving the Army National Guard (ARNG). 2. The applicant states, in effect, that he was promoted to SSG, pay grade E-6 while in the USAR. He left the Reserve and went into the Hawaii ARNG. When he returned to the USAR he was not given back his previous rank of SSG. He further states that he was always assigned to a troop program unit (TPU) and was never in the Individual Ready Reserve (IRR). He contends that persons are lying about him. He argues that it does not make sense that he would get out of the Army just to go back into the Army. He was retired as a SSG, pay grade E-6, and is being paid as such. 3. The applicant provides copies of: * Orders 141-1, U.S. Total Army Personnel Command (USTAPC), dated 31 August 1990 * Orders C-03-009196, USAR Personnel Center (USARPC), dated 13 March 1991 * A Department of Veterans Affairs (VA) letter to the applicant, dated 22 February 2013 * Letter from the VA to the applicant, dated 31 August 2014 * Email between a Department of the Army Human Resources Command (HRC) Customer Care Representative and the applicant, dated 26 and 30 January 2015 (3 pages) * An email communication between the applicant and HRC, dated 15 and 31 January 2015 (4 pages) * An email from and to the applicant, dated 31 January 2015 (1 of 2 pages) 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. On 20 August 1974, the applicant enlisted in the Regular Army. 3. Orders 225-108, dated 18 November 1983, announced the applicant’s promotion to sergeant (SGT), pay grade E-5. 4. On 14 May 1987, the applicant was honorably discharged upon expiration of his term of service (ETS). He was transferred to the IRR. 5. On 15 May 1987, the applicant enlisted in the USAR. 6. Orders 141-1, USTAPC, dated 31 August 1990, as provided by the applicant and filed in his Official Military Personnel File (OMPF), announced his promotion to SSG, pay grade E-6 effective 31 August 1990, with a date of rank of 2 July 1990. These orders indicate that the applicant was assigned with the “5855th RTU AUG” at the time, located in the Pacific Theater. These orders also indicate he was a member of the IRR. 7. Orders C-03-009196, USARPC, dated 13 March 1991, as provided by the applicant and filed in his OMPF, announced his release from the IRR and assignment to the U.S. Forces Azores effective 11 March 1991. These orders show he was a SSG at the time. 8. Orders C-04-512174, USARPC, dated 11 April 1995, as filed in the applicant’s OMPF, announced his release from attachment to the “5855th RTU AUG” and relocation to Hawaii. He was shown as an individual mobilization augmentee (IMA). His rank was SSG. 9. Orders 02-289-00027, 9th Regional Support Command (RSC), located in Hawaii, dated 16 October 2002, announced the applicant’s release from assignment with Headquarters and Headquarters Company (HHC), 100th Infantry Battalion and assignment to the Retired Reserve effective 16 October 2002. These orders show his rank as sergeant (SGT), pay grade E-5. On 30 October 2002, these orders were revoked by Orders 02-303-00007. 10. Orders 02-303-00008, 9th RSC, dated 30 October 2002, released the applicant from assignment with HHC, 100th Infantry Battalion, effective 16 October 2002 as a result of his voluntary request. He was immediately transferred to the IRR. The additional instructions reminded the applicant that he must attain a minimum of 50 points per retirement year or he would be transferred to the Retired Reserve. These orders show the applicant as a SGT, pay grade E-5. 11. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows the applicant was a member of the Hawaii ARNG from 16 April 2004 to 15 April 2005. His rank is shown as SGT, pay grade E-5. On 15 April 2005, he was transferred to the Retired Reserve. At the time he had completed a total of 30 years, 9 months, and 1 day of service for pay and 20 years, 8 months, and 25 days of service for retired pay. This form shows his date of birth as 23 May 1953. 12. Orders 156-028, State of Hawaii, dated 31 August 2005, announced the applicant’s discharge from the HIARNG and assignment to the Retired Reserve effective 15 April 2005. These orders show him as a SGT, pay grade E-5. 13. On 23 May 2013, the applicant attained 60 years of age. 14. Orders C09-39637, HRC, dated 24 September 2013, announced the applicant’s placement on the Retired List effective 23 May 2013, with the rank of SSG, pay grade E-6. 15. A Summary of Retired Pay Account, dated 16 October 2013, shows that the applicant’s retired pay is based on his service of 38 years, 9 months, and 3 days. 16. In an email dated 15 January 2015, the applicant stated he was told it would take a long time for him to be promoted back to SSG. 17. In an email dated 30 January 2015, a customer service representative, HRC, stated to the applicant that his records show he accepted a conditional reduction from SSG to SGT for the purpose of joining the HIARNG. He was not given any guarantee concerning his SSG rank when he returned to the USAR. In 2002, he was transferred to the IRR due to non-participation and medical issues. 18. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides that promotions to the rank of SSG, pay grade E-6 in the Reserve components are based in part upon cumulative vacancies within the unit. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his USAR records should be corrected to show his rank as SSG, pay grade E-6 when he enlisted after leaving the ARNG. 2. The available evidence shows that the applicant was originally promoted to SSG, pay grade E-6 in 1990 while in the USAR. He enlisted in the HIARNG in 2004 in the rank of SGT, pay grade E-5, with his original date of rank in 1983. Records at HRC indicate that the applicant accepted a conditional reduction to SGT for the purpose of joining the HIARNG. There is no available evidence showing he was ever placed in a higher graded position while in the HIARNG, or later when he returned to the USAR. There is no evidence showing that an appropriate authority ever promised his SSG rank would be restored. In fact, he admits he was told it would take a long time for him to regain this rank. 3. On 15 April 2005, the applicant was transferred to the Retired Reserve in the rank of SGT, pay grade E-5. When he applied for retired pay, it was granted in the highest grade he successfully held, SSG, pay grade E-6. 4. The applicant’s contention that he was never assigned to the IRR is not supported by any documentary evidence. It is normal for Soldiers in the USAR to be assigned various control groups during their period of service. 5. There is no apparent error or injustice in the applicant’s case. 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004901 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1