BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20150017686 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 BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20150017686 BOARD DETERMINATION/RECOMMENDATION: The Board determined 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 Headquarters, 99th Regional Support Command, Orders  14-258-00022, dated 15 September 2014, to show he was assigned to the Retired Reserve in the rank/grade of sergeant major/E-9 effective 15 November 2014 with a date of rank of 20 December 2002 with entitlement to retired pay in that grade upon application. _____________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. BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20150017686 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 advancement on the Retired List in the rank/grade of sergeant major (SGM)/E-9 retroactive to the effective date of his retirement on 15 November 2014. 2. The applicant states: a. He retired in the rank/grade of master sergeant (MSG)/E-8. The highest grade he held was SGM/E-9. He voluntarily accepted an administrative reduction in rank to meet mission manning requirements. He was and is in a promotable status. He is currently assigned to the Retired Reserve. In accordance with (IAW) Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions), his date of rank (DOR) will be restored to his original DOR for SGM/E-9 of 20 December 2002. His command failed to act on his request for restoration of his rank per AR 600-8-19, paragraph 10-14, on several original retirement documents. b. When he discovered the omission, his higher command (108th Training Command) advised him that it was a system issue and they could not change the orders. A lengthy discussion with Headquarters, 108th Training Command, determined a DA Form 4187 (Personnel Action) and a memorandum endorsed by his command's senior officer were required. The documents were completed 2 weeks prior to his retirement and sent forward from his unit. However, they failed to make it to the orders publishing authority to amend his orders in time due to a systemic administrative inefficiency. The 108th Training Command stated they would no longer assist in rectifying their original error since he was no longer in their system and he must take any and all action to rectify the situation. 3. The applicant provides: * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 4 October 1986 and 14 March 2009 * Headquarters, 94th Regional Support Command, Orders 03-008-00044 * Headquarters, 99th Regional Support Command, Orders 14-083-00002 * Headquarters, 99th Regional Support Command, Orders 14-258-00022 * Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) * DA Form 4651 (Request for Reserve Component Assignment or Attachment) and Checklist * two Chronological Statements of Retirement Points * two DA Forms 4865 (Developmental Counsel Form) * 4th Battalion, 415th Regiment, 3rd Brigade (Professional Development), 104th Training Division (Leader Training), memorandum, subject: Restoration of Highest Rank Upon Retirement * DA Form 4187 CONSIDERATION OF EVIDENCE: 1. The applicant was born on 27 March 1964. 2. He enlisted in the Regular Army on 5 October 1982. He was honorably released from active duty on 4 October 1986 and transferred to a U.S. Army Reserve (USAR) unit to complete his remaining military service obligation. His DD Form 214 shows he completed 4 years of active service. 3. He enlisted in the USAR on 5 October 1986 and served continuously in the USAR through numerous reenlistments. 4. Orders 03-008-00044 issued by Headquarters, 94th Regional Support Command, on 8 January 2003 promoted him from MSG/E-8 to SGM/E-9 with an effective date and DOR of 20 December 2002. 5. On 2 October 2003, he was issued a notification of eligibility for retired pay at age 60 (20-Year Letter) wherein he was advised he had completed the required years of qualifying Reserve service for non-regular retired pay at age 60. 6. He served on active duty in support of Operation Enduring Freedom from 5 September 2008 to 14 March 2009. 7. Orders 14-083-00002, issued by Headquarters, 99th Regional Support Command, on 24 March 2014 reduced his rank/grade from SGM/E-9 to MSG/E-8 effective the same date. The authority cited was AR 600-8-19, chapter 10, section VIII, paragraph 10-19a(3)(a) (Voluntary Reduction). 8. On 21 July 2014, he completed a DA Form 4651 requesting assignment to the Retired Reserve in the grade of E-8. 9. Two DA Forms 4856, dated 15 August 2014, show he received and acknowledged counseling pertaining to guidance about retiring with over 30 years of service and his transfer to the Retired Reserve. It is noted he discussed retiring in his highest rank held. 10. Orders 14-258-00022, issued by Headquarters, 99th Regional Support Command, on 14 September 2014 directed his reassignment to the Retired Reserve in the rank of MSG effective 15 November 2014. 11. On 16 October 2014, he submitted a memorandum, subject: Restoration of Highest Rank Upon Retirement (Applicant), wherein he requested restoration of his rank/grade of SGM/E-9 upon the date of his retirement on 15 November 2014 IAW AR 600-8-19, paragraph 10-14(2)(b). He stated he voluntarily accepted a reduction in rank and he was in a promotable status as of the date of his retirement. He also requested an amendment of Headquarters, 99th Regional Support Command, Orders 14-258-00022, dated 15 September 2014, to list his rank restored on the effective date of his retirement with his original DOR for SGM/E-9 of 20 December 2014 [should read 2002] IAW AR 600-8-19. 12. A DA Form 4187, dated 17 October 2014, shows the applicant's battalion commander recommended approval of his request for restoration of his highest rank held. He confirmed: * the applicant was voluntarily reduced in rank in support of unit functions per Orders 14-083-0002, dated 24 March 2014 * the applicant had retirement orders published on 15 September 2014 * the applicant was in a promotable status at the time * the applicant met the criteria under AR 600-8-19, paragraph 10-14(2)(b) 13. On 31 October 2014, the Commander, 3rd Brigade (Professional Development), 104th Training Division (Leader Training), recommended approval of the applicant's request for rank restoration. 14. He was transferred to the Retired Reserve effective 15 November 2014. 15. His Chronological Statement of Retirement Points, dated 13 November 2015, shows he was credited with over 31 years of qualifying service for retired pay as of 15 November 2014. This statement lists his rank as MSG. 16. On 14 September 2016 in response to his request for advancement on the Retired List, the Army Grade Determination Review Board returned his request without action because he would not begin to receive retired pay until around age 60 (2024). At that time, he should request retired pay in the rank/grade of SGM/E-9 and submit all supporting documents. 17. He will reach age 60 on 27 March 2024. REFERENCE: AR 600-8-19, in effect at the time, prescribed the enlisted promotions and reductions function of the military personnel system. a. Paragraph 1-10 described conditions under which Soldiers were nonpromotable to a higher grade. b. Paragraph 1-13i states USAR Soldiers voluntarily reduced per chapter 10 would receive an adjusted DOR. c. Paragraph 10-14e (Voluntary Reduction) states a Soldier who was reduced voluntary may be restored to his/her former grade under the conditions cited below provided the Soldier is in a promotable status per paragraph 1-10. d. Paragraph 10-14e(2)(b) states grade restoration was authorized when the Soldier was assigned to the Retired Reserve. e. Paragraph 10-19a(3)(a) states a USAR Soldier could volunteer for reduction to one or more lower pay grades. The reduction requested by the Soldier would be accomplished by the promotion authority without prejudice. Such reductions would normally be limited to Soldiers desiring reduction for a voluntary entry on active duty or in an Active Guard Reserve status. DISCUSSION: 1. The applicant was promoted to SGM/E-9 effective 20 December 2002 and successfully held that grade for many years. He was voluntarily reduced to MSG/E-8 in support of mission manning functions effective 24 March 2014. 2. Orders were published on 15 September 2014 assigning him to the Retired Reserve in the rank of MSG effective 15 November 2014. The Commander, 3rd Brigade (Professional Development), 104th Training Division (Leader Training), recommended approval of his request for restoration of his highest rank upon retirement on 31 October 2014. He was transferred to the Retired Reserve in the rank of MSG/E-8 on 15 November 2014 after completing over 31 years of active Reserve service. 3. Although he contends he retired effective 15 November 2014, he was, in fact, transferred to the Retired Reserve on that date. He is eligible for retired pay upon application at age 60 in 2024 and placement on the Retired List at that time. 4. In accordance with regulatory guidance, USAR Soldiers in a promotable status who were voluntarily reduced could have their grade restored upon assignment to the Retired Reserve provided they were in a promotable status. The applicant's battalion commander confirmed he met all requirements for restoration of his SGM/E-9 grade upon transfer to the Retired Reserve and his brigade commander recommended approval. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017686 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017686 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2