ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 May 2019 DOCKET NUMBER: AR20160014711 APPLICANT REQUESTS: correction of his record to show he was retired in the highest grade held of captain (CPT)/O-3E instead of staff sergeant (SSG/ E6). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 62 (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States) x 2 * NGB Form 89 (Proceedings of a Federal Recognition Examining Board) x 3 * Texas National Guard Academy Officer Candidate School (OCS) Graduation Diploma * Special Orders Number 143AR * Special Orders Number 118 * NGB Form 337(Oath of Office) x 3 * Department of Army Memorandum Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10 * DA Form 71 (Oath of Office- Military Personnel) * Special Orders Number 31 * United States Army Signal School Diploma * DA Form 1059 (Service School Academic Evaluation Report) * Special Orders Number 33 * DA Form 2496-1 (Disposition Form) x 2 * Headquarters 49th Armored Division Artillery Memorandum Subject: Request for Conditional Release in Order to Appointed to Michigan ARNG * Orders 201-2 * Adjutant General's Department (Texas) memorandum Subject: Honorable Discharge Certificate * NGB Form 23 (Army National Guard Retirement Credits Record) * Orders 239-1 * Special Orders Number 240AR * Orders 4-2 * Orders 134-1 * Special Orders Number 157AR * Department of the Army Memorandum Subject: Promotion as a Reserve Commissioned Officer of the Army * Orders 9-2 * Orders 128-2 * Orders 184-1 * The Adjutant General Department memorandum Subject: Letter of Transmittal * NGB Form 61 (Conditional Release) * Special Orders 139AR * Orders 24-23 * Orders 49-2 * Adjutant General Department (Ohio) memorandum Subject: Officer Specialty Skill Identifier * Adjutant General Department (Ohio) memorandum Subject: Recommendation for Promotion of Officer * Special Orders 24 * Orders 236-17 * Orders 12-1 * DA Form 67-8 (US Army Officer Evaluation Report) * DA Form 2-1 (Personnel Qualification Record) * Orders 191-13 * Adjutant General Department (Ohio) memorandum Subject: Notification of Eligibility for Retirement Pay at Age 60 * NGB Form 22 x 2 * DD Form 214 (Armed Force of The United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his current retirement rank is SSG paygrade, however it should show CPT paygrade. He reports at some point in time his commissioned service was accidently excluded from the calculations of his total service for retirement purposes. 3. A review of the applicant's records and documentation the applicant provided show: * 14 June 1975 - the applicant commissioned as a Second Lieutenant (2LT) in the Texas Army National Guard * 4 October 1977 – was honorably released from Texas Army National Guard * 5 October 1977 – was transferred to the Michigan Army National Guard * 13 June 1978 - was promoted First Lieutenant (1LT) * 15 December 1979 - was released from Michigan Army National Guard * 13 January 1980 - transferred to the Ohio Army National Guard as 1LT * 4 December 1980- promoted to Captain in the Ohio Army National Guard * 14 September 1987 - was honorably separated from the Ohio Army National Guard as a Captain for the reason to enlist in the Ohio Army National Guard * 15 September 1987 - the applicant enlisted in the Ohio Army National Guard as a Sergeant (SGT/E5) * 23 May 1991 - he was promoted to SSG * 11 November 1994 - he was honorably discharged from the Ohio Army National Guard * he completed 25 years and 27 days of total service for pay * 25 June 1990 - the applicant received his notification of eligibility for retired pay at age 60 3. The applicant is currently 68 years old. 4. Army Regulation 135-180 (Retirement for Non-Regular Service) paragraph 4-6 states, retired pay for a non-regular retirement is determined for service if the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which a commissioned officer or enlisted Soldier held while on active duty or in an active reserve status for at least 185 days or 6 calendar months. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the regulatory guidance found in AR 135-180, where it states, retired grade will be that grade which a commissioned officer or enlisted Soldier held while active duty or in an active reserve status for at least 185 days or 6 calendar months, the Board concluded that relief was warranted. Based upon the applicant holding the rank of Captain for almost 7 years in the Ohio National Guard prior to entering active duty as an enlisted Soldier, the Board concluded that changing the retired rank of the applicant to Captain was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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 Army records of the individual concerned be corrected to reflect placement on the Retired List in the retired grade of O-3E/CPT. X 5/21/2019 CHAIRPERSON Signed by 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 135-180 (Retirement for Non-Regular Service) paragraph 4-6 states, retired pay for a non-regular retirement is determined for service if the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which a commissioned officer or enlisted Soldier held while on active duty or in an active reserve status for at least 185 days or 6 calendar months.