ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 June 2019 DOCKET NUMBER: AR20160014536 APPLICANT REQUESTS: correction of her late husband’s, a former service member (FSM), DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/pay grade as staff sergeant (SSG)/E-6. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record) * Marriage License * FSM’s DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 2 October 1987 * FSM’s death certificate FACTS: 1. The applicant states her late husband held the rank/pay grade of SSG/E-6 from September 1992 to October 1998. As of 30 April 1995, he had completed over 30 years of service. 2. The applicant provides copies of the following: * Marriage License showing she and the FSM were married on 11 November 1975 * FSM’s DD Form 214, for the period from 30 November 1979 to 2 October 1987 * death certificate showing the FSM died on 16 March 2015 3. Review of the FSM’s military records shows: a. He enlisted in the Regular Army (RA) on 15 June 1973. He was honorably released from active duty on 2 June 1975 and was transferred to the U.S. Army Reserve Control Group. His DD Form 214 shows he completed 1 year, 11 months, and 18 days of net active service. b. He reenlisted in the RA on 11 November 1979. He was honorably discharged on 2 October 1987, at his expiration of term of service. His DD Form 214 shows in: * Item 4a (Grade, Rate, or Rank) – SSG * Item 4b (Pay Grade) – E-6 * Item 12h (Effective Date of Pay Grade) – 1 September 1982 c. He reenlisted in the RA on 4 January 1989 and on 12 August 1992. His reenlistment documents show he held the rank/pay grade of sergeant (SGT)/E-5 at the time. d. A Report of Promotion Board Proceedings for Promotion to SGT and SSG memorandum, dated 7 June 1993, shows the FSM was recommended for promotion to SSG. e. His available record is void of any promotion orders for SSG/E-6. f. Headquarters, 24th Infantry Division (Mechanized), Fort Stewart, GA, issued the following orders on/for: * Orders Number 81-99, 2 May 1994, announcing his release from active duty and placement on the retired list in the retired rank/pay grade of SSG/E-6, effective 1 May 1995 * Orders Number 97-49, 24 May 1994, amending Orders Number 81-99 to show he was retired in the rank/pay grade of SGT/E-5 g. He was honorably retired on 30 April 1995, for length of service. His DD Form 214 shows he completed over 20 years of service. This form also shows in: * Item 4a – SGT * Item 4b – E-5 * Item 12h – 2 December 1983 4. By law (Title 10, section 3961(b)), RA enlisted Soldiers will retire in grade held on the date of retirement unless separated under another provision of law or regulation. Each retired member of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The highest rank the FSM served successfully was at the rank of SSG; however, that was during his service in the USAR. Although he was promotable to the rank of SSG during his period of active duty, his record is absent orders or any other authoritative document in the record showing he was promoted to SSG at any time before retirement. Public law allows for placing members’ rank at the highest rank held when their active service plus service on the retired list totals 30 years; however, to be advanced on the retired list to the highest grade, that rank must have been held satisfactorily during active duty. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Army Regulation (AR) 15-80, (Army Grade Determination Review Board (AGDRB) Determinations) provides the guidance for determining the grade of Soldiers in certain situations. Paragraph 2-3 of the regulation states most grade determinations do not require action by the AGDRB or the exercise of discretion by other authorities because they are automatic grade determinations that result from the operation of law and this regulation. Under Title 10, U.S. Code (USC), section 3961(b), an enlisted Soldier will normally retire at the grade held on the date of retirement. The AGDRB determines the highest grade in which a Soldier served satisfactorily. A “satisfactory” determination of service at a particular grade has pay implications in three types of cases: * advancement on the retired list for enlisted Soldiers and warrant officers who previously held a higher grade after 30 years combined service on the active duty and retired lists * retiring officers above the grade of warrant officer who have been the subject of adverse information since their last promotion * disability separations and retirements 2. Title 10, USC, section 3964, states each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army. This section applies to: * warrant officers of the Army * enlisted members of the Regular Army * reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty) 3. AR 635-5 (Separation Documents), in effect at the time, provided the guidance for preparation of separation documents. The directions for completing items 4a (Grade, Rank, or Rate) and 4b (Pay Grade) stated, to verify that the active duty rank/pay grade were accurate at time of separation. Item 12h would list the effective date of the pay grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160014536 2 1