` IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150007720 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, reinstatement to sergeant (SGT)/E-5. 2. The applicant states, in effect: a. The records are very unjust because he never went before a full board. b. His records state he was reduced in rank for misconduct, but he is unaware of any misconduct. c. A staff sergeant (SSG) that he worked with, who is now retired, falsified paperwork to get him in trouble, would embarrass him in front of senior personnel, and ultimately got him demoted. d. The applicant claims the paperwork was never sent to the proper channels since the SSG was the person who handled all the administrative paperwork. e. The applicant believes the SSG misused his authority since he never went before a board. Since he was an SGT at that time, he should have had a fair hearing. 3. The applicant does not provide any supporting documentation. CONSIDERATION OF EVIDENCE: 1. On 13 July 1977, the applicant enlisted in the Indiana Army National Guard (INARNG). 2. The applicant served in the U.S. Army Reserve (USAR) from 1 September 1980 to 23 July 1989, when he returned to the INARNG. 3. A DA Form 2-1 (Personnel Qualification Record), item 18, (Appointments and Reductions) shows the applicant was promoted to SGT/E-5 on 31 December 1990. 3. Orders 18-1, Headquarters, 113th Engineer Battalion, dated 6 December 1999, show the applicant was reduced from SGT/E-5 to specialist (SPC)/E-4 due to misconduct. 4. A DA Form 2-1, item 18 shows the applicant was reduced from SGT/E-5 to SPC/E-4 on 6 December 1999. 5. On 18 July 2000, the applicant received his Notification of Eligibility for Retired Pay at Age 60. 6. On 6 August 2000, the applicant was transferred to the Retired Reserve. 7. The applicant’s National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 31 December 2000 shows he was transferred to the Retired Reserve. He completed total service for pay of 23 years, 5 months, and 6 days. His NGB Form 22 shows the following: * Item 5a (Rank) – “SPC” * Item 5b (Pay Grade) – “E-4” * Item 6 (Date of Rank) – “99 12 06” 8. Orders C07-495677, U.S. Army Human Resources Command (HRC), dated 3 July 2014, show the applicant was placed on the Retired List on 12 August 2014 in the retired grade of SPC/E-4. 9. His record is void of documentation showing he was promoted to SGT/E-5 after his reduction to SPC/E-4 on 6 December 1999. 10. National Guard Regulation 600-200 (Enlisted Personnel Management), in effect at the time of his reduction to SGT/E-5, provided the authority for the promotion and reduction of enlisted personnel. It stated that field grade commanders of any organizations authorized a lieutenant colonel or higher grade commander were authorized to administratively reduce Soldiers in pay grades E-5 and E-6 for misconduct under the provisions of Article 15, Uniform Code of Military Justice. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was promoted to SGT/E-5 on 31 December 1990; however, on 6 December 1999, he was reduced in grade to SPC/E-4 due to misconduct. There is no evidence indicating that he was promoted to SGT/E-5 after his reduction. The limited records available show no evidence of error or injustice in his reduction to SPC/E-4. 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) AR20150000209 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007720 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1