IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013516 BOARD VOTE: _____X____ ___X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013516 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 C12-399678, dated 18 December 2013, to show he was placed on the Retired List effective 30 January 2014 in the rank/grade of SSG/E-6 * paying him any back retired pay due as a result of the above 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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013516 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any).cc 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show he was placed on the Retired List in the rank of staff sergeant (SSG) vice sergeant (SGT). 2. The applicant states: a. He joined the Army National Guard (ARNG) on 15 February 1972, went on active duty on 12 July 1972, and then served in the ARNG and the U.S. Army Reserve (USAR) until 1994. He was promoted to SSG effective 15 March 1992 and was paid at the SSG/E-6 rate until his separation date in 1994. b. He started drawing retired pay on 1 February 2014 and it was at the SGT/E-5 rate. He needs his records corrected so he can draw his retired pay at the SSG rate. 3. The applicant provides: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 November 1972 * two orders * an award certificate and award plaque, both dated 15 March 1993 * DD Form 1174 (Application for Uniformed Services Identification Card and DEERS Enrollment) * Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement (LES)) * U.S. Army Human Resources Command (AHRC) Form 249 (Chronological Statement of Retirement Points) * letter CONSIDERATION OF EVIDENCE: 1. The applicant was born on 30 January 1954. Having had prior service in the ARNG and a break in service, he enlisted in the USAR on 25 October 1980 in the rank of SGT. He was assigned to the 306th Medical Detachment, Augusta, GA. 2. The applicant provides and his record contains Orders 2-1, dated 3 March 1993, issued by Headquarters (HQ), 382nd Combat Support Hospital (CSH), promoting him to SSG with an effective date and date or rank (DOR) of 15 March 1992. 3. Orders 08-01, dated 3 March 1993, issued by HQ, 81st Medical Brigade, reassigned him from the 306th Medical Detachment to the 382nd CSH effective 15 March 1993. These orders show his rank as SSG. 4. The applicant provides an Army Commendation Medal certificate, dated 15 March 1993, that he was presented for meritorious service during the period 25 October 1980 through 15 March 1993 while serving in the 306th Medical Detachment. This certificate shows his rank as SSG. 5. Orders 4-1, dated 31 March 1993, issued by HQ, 382nd CSH, amended Orders 2-1 to show he was promoted to SSG with an effective date and DOR of 15 March 1993. 6. Orders 072-006, dated 20 May 1993, issued by HQ, USAR Command, released him from the 382nd CSH and assigned him to the 806th Medical Company effective 17 May 1993. These orders show his rank as SSG. 7. His record contains an automated DA Form 2A (Personnel Qualification Record (PQR)), prepared on 27 May 1993, wherein it shows his rank as SGT and DOR as 1 February 1978. A handwritten correction was made to the form that crossed out the rank and DOR and added the entries "SSG" and "15 March 1993." 8. He provides a DD Form 1172, dated 23 September 1993, wherein it shows his status as Army Reserve and his rank/grade as SSG/E-6. 9. On 23 September 1993, by memorandum, the USAR Personnel Center issued him a Twenty-Year Letter, notifying him that he had completed at least 20 years of qualifying service and would be eligible for retired pay upon application at age 60. This memorandum shows his rank as SSG. 10. On 30 November 1993, he completed a DD Form 1883 (Survivor Benefit Plan Election Certificate) wherein he listed his grade as E-6 and his retirement date as 14 January 1994. 11. Orders 159-002, dated 14 December 1993, issued by HQ, USAR Command, released him from his current assignment and transferred him to the Retired Reserve effective 14 January 1994. These orders show his rank as SGT. 12. He provides an LES, dated 23 December 1993, wherein it shows his grade as E-6, he was being paid for attending the Unit Training Assembly (UTA) on 11 and 12 December 1993, and for fiscal year (FY) 1994 he had been credited with 12 days of UTA performance. 13. His DA Form 2-1 (PQR) shows he was promoted to SSG on 15 March 1993. There is no entry that shows he was reduced to SGT after that date. His record is void of reduction orders or any other evidence that shows he was reduced to SGT after his promotion to SSG on 15 March 1993. 14. He provides an AHRC Form 249, dated 6 December 2012, wherein it shows his rank as SGT. 15. He provides and his record contains: a. A letter from HRC, dated 18 December 2013, notifying him that the application he had submitted for retired pay was approved. This letter shows his rank as SGT. b. Orders C12-399678, dated 18 December 2013, issued by HRC placing him on the Retired List effective 30 January 2014 in the rank/grade of SGT/E-5. 16. He also provides a Retiree Account Statement, with an effective date of 18 November 2014, showing he was receiving retired pay as a SGT. REFERENCES: Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), paragraph 1-4, states that retired pay is pay granted to Soldiers and former Reserve Component Soldiers under Title 10, U.S. Code, 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: 1. The evidence of record confirms the applicant was promoted to SSG in the USAR on 15 March 1993. His record is void of any evidence that shows he was reduced to SGT prior to his release from the USAR and transfer to the Retired Reserve on 14 January 1994. 2. It appears an error occurred when Orders 159-002 was published on 14 December 1993 and erroneously listed his rank as SGT. As a result, HRC issued Orders C12-399678 on 18 December 2013 placing him on the Retired List effective 30 January 2014 in the rank of SGT. 3. 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. The evidence of record shows the highest grade the applicant satisfactorily held while serving in the USAR was SSG. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013516 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013516 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2