IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150006074 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 correction of her records to show she retired from the U.S. Army Reserve (USAR) in the rank/grade of sergeant major (SGM)/E-9. 2. The applicant states she previously served as a SGM/E-9 and her rank should have been restored to SGM/E-9 upon retirement. She submitted a request and documents with her retirement packet but they were pulled somewhere along the line. The U.S. Army Human Resources Command (HRC) informed her that they never received her request; therefore, they did not make a grade determination. She was a Military Technician and she was voluntarily reduced two grades in order for her to keep her civilian job. 3. The applicant provides copies of: * her promotion orders to the rank/grade of SGM/E-9 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period 7 December 2003 to 29 March 2009 * orders reassigning her to the Retired Reserve * orders placing her on the Retired List * Chronological Statement of Retirement Points * two DA Forms 4856 (Developmental Counseling Form) * rank/grade reduction orders CONSIDERATION OF EVIDENCE: 1. The applicant was born on 25 October 1954. She enlisted in the USAR on 22 January 1975. 2. Orders 04-225-00026, issued by Headquarters, 81st Regional Readiness Command on 12 August 2004, promoted her to SGM effective 1 September 2004. 3. A DA Form 4856 shows she was counseled on 24 February 2012 regarding a potential reassignment because she was overgrade for the position in which she was serving (sergeant first class SFC/E-7 position). She was advised of her options and she elected a voluntary reduction in order to remain assigned to the position. 4. Orders 12-083-00010, issued by Headquarters, 81st Regional Support Command on 23 March 2012, directed her voluntary reduction to the rank/grade of SFC/E-7 effective 20 March 2012. The orders show the authority for the reduction was Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 10-19 (Voluntary Reduction), paragraph 10-19a (USAR). 5. Orders 14-280-00054, issued by the 81st Regional Support Command on 7 October 2014, directed her reassignment to the Retired Reserve due to reaching maximum age. Her Chronological Statement of Retirement Points shows she had attained over 36 years of qualifying service for retirement. 6. Orders C10-498590, issued by HRC on 23 October 2014, directed her placement on the Retired List in the rank grade of SFC/E-7, effective 24 October 2014 (her 60th birthday), in accordance with Title 10, U.S. Code, section 12731. 7. Army Regulation 600-8-19(3) provides that a USAR Soldier may volunteer for reduction to one or more lower pay grades. The reduction requested by the Soldier will be accomplished by the promotion authority without prejudice. Such reductions will normally be limited to Soldiers desiring reduction for, among other reasons, assignment in a lower grade to an existing vacancy in a troop program unit. 8. Title 10, U.S. Code, section 12731, states that a person is entitled upon application to retired pay if the person is at least 60 years of age and has performed at least 20 years of qualifying service as computed under section 12732. 9. Army Regulation 135-180 (Army National Guard 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. 10. Army Regulation 135-180, paragraph 1-4, states retired pay is pay granted to Soldiers and former Reserve Component Soldiers under Title 10, U.S. Code, section 1331, after completion of 20 or more years of qualifying service and upon attaining age 60. This pay is based on the highest grade satisfactorily held at any time during an individual's entire period of service, other than in an inactive section of a Reserve Component. DISCUSSION AND CONCLUSIONS: 1. By law, a person granted retired pay will receive such pay in the highest grade satisfactorily held by him or her during his or her entire period of service. 2. In the applicant's case, she was promoted to SGM/E-9 on 1 September 2004 and she served in that rank for many years until she was voluntarily reduced to SFC/E-7 on 20 March 2012, in order to accept an existing vacancy in the lower grade. 3. The applicant's reduction was not as a result of misconduct or any other negative/derogatory reason. In accordance with current laws, she is authorized to receive retired pay in the highest grade she satisfactorily served, which is SGM/E-9. 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 amending Orders C10-498590 issued by HRC on 23 October 2014, to show she was placed on the Retired List in the rank/grade of SGM/E-9 effective 24 October 2014 and paying her all 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) AR20150006074 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006074 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1