IN THE CASE OF:	  

		BOARD DATE:	  5 July 2012

		DOCKET NUMBER:  AR20110025066 


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, to be placed on the Retired List in the rank/grade of sergeant first class (SFC)/E-7.

2.  The applicant states:

* she wants her rank adjusted to SFC/E-7
* she should have retired with the highest rank she held during her military service

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1995
* promotion orders to SFC/E-7

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 27 February 1979 and remained on active duty through continuous reenlistments.  She was promoted to SFC/E-7 on 1 October 1992.  On 30 June 1995, she was honorably discharged in the rank of SFC under the early release program with Special Separation Benefit.

2.  She enlisted in the Army National Guard on 1 November 2001 in the rank of sergeant (SGT)/E-5.  On 8 May 2008, she was honorably discharged from the Army National Guard in the rank of SGT for enlistment in another component of the U.S. Armed Forces.

3.  On 9 May 2008, she was ordered to active duty in the U.S. Army Reserve (USAR) to obtain 20 years active Federal service under the Extended Active Duty Sanctuary Program.  On 31 January 2010, she retired in the rank of SGT.

4.  She was placed on the Retired List in the rank of SGT/E-5 on 1 February 2010.

5.  Title 10, U.S. Code, section 3963(a), states a Reserve enlisted member of the Army described in subsection (b) who is retired under section 3914 (retirement for length of service) of this title shall be retired in the highest enlisted grade in which the member satisfactorily served on active duty as determined by the Secretary of the Army.  Subsection 3963(b) states that this section applies to a Reserve enlisted member who:  (1) at the time of retirement is serving on active duty and (2) was previously administratively reduced in grade not as a result of the member's own misconduct as determined by the Secretary of the Army.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was promoted to SFC/E-7 on 1 October 1992 and she served in this rank until 30 June 1995.  It appears this service was overlooked since she was retired in the rank and grade of SGT/E-5 and she is currently receiving retired pay as an E-5.  Since there is no evidence of record which shows her service in the rank of SFC was not satisfactory, and in accordance with the governing regulation, her military records should be corrected to show she was placed on the Retired List in the rank/grade of 
SFC/E-7 effective 1 February 2010.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  showing she was placed on the Retired List in the rank/grade of SFC/E-7 effective 1 February 2010 and

	b.  paying her any and all back 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)                                         AR20110025066



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ABCMR Record of Proceedings (cont)                                         AR20110025066



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