ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  9 July 2019

	DOCKET NUMBER:  AR20170000423


APPLICANT REQUESTS:  to be advanced to the rank of Sergeant (SGT/E5) the 
highest grade that he satisfactorily held while on active duty. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self authored letter

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.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR2003098423 on 21 July 2004.

3.  The applicant states that he would like to be advanced to the rank of Sergeant 
(SGT/E5) the highest grade that he satisfactorily held while on active duty.  Based on 
his calculation, he currently has a total of 30 years of combined active service and time 
on the retired list.  He acknowledges the guidance set forth in AR 15-80 regarding grade 
determination, however he believes that he should be advanced on the retired list to 
SGT because he was medically retired as a Specialist (SPC/E4) without going before 
the Army Grade Determination Board.  The applicant states that he was notified of the 
reduction (due to misconduct) while in the hospital, but was told that the reduction would 
be suspended.  Upon returning to his unit, he was advised by his battalion commander 
that the reduction had been processed. 

4.  The applicant further states that he originally enlisted in the Army to make it a career.  
As a result of an accident and injuries sustained, it resulted in his medical retirement.  
He further states that he received the good conduct medal and that his misconduct was 
the result of a single event; no previous history.  The applicant requests that this one 
time event not serve as the justification to preclude his advancement to the higher 
grade. Since being medically retired, he worked for law enforcement and never 
committed or been convicted of any infraction civil or criminal in nature.  He always 
relayed his time in the Army as positive.

5.  A review of the applicant’s record shows the following on: 

*	20 October 1965 - enlisted in the Army for 3 years
*	28 December 1966 - permanently promoted to SPC
*	28 August 1967 - temporarily promoted to SGT
*	16 March 1968 - involved in a motor vehicle accident resulting in hospitalization

6.  On 19 March 1968, he received nonjudicial punishment for violating Article 134 of 
the Uniform Code of Military Justice (UCMJ) on 6 November 1967.

7.  On 10 February 1969, the Army Council of Review Boards conducted an Ad Hoc 
Review Board and determined that SPC was the highest grade that the applicant 
satisfactorily performed at.

8.  On 3 March 1969, he was medically retired under the provisions of Title 10 United 
States Code (USC) section 1201 (permanent disability) at the rank of SPC.

9.  Title 10 USC section 1372 states that the grade on retirement for physical disability 
will be at the grade or rank in which he is serving on the date when his name is placed 
on the temporary disability retired list or, if his name was not carried on that list, on the 
date when he is retired.

10.  Title 10 USC, section 3964 states that each retired member of the Army covered by 
subsection (b) (Reserve enlisted members) who at the time of retirement, are serving on 
active duty 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, as determined 
by the Secretary of the Army.

11.  AR 15-80 (Army Grade Determination Review Board) states that generally, service 
in a grade will not be considered to have been satisfactory when the highest grade or 
rank was a result of a terminal leave promotion or reversion to a lower grade was:

*	expressly for prejudice or cause 
*	due to misconduct 
*	caused by nonjudicial punishment pursuant to Article 15, Uniform Code of 
Military Justice (UCMJ)
*	the result of the sentence of a court martial
*	there is sufficient unfavorable information to establish that the Soldier's service in 
the grade in question was not satisfactory

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his reduction 
in grade due to misconduct as a result of NJP in March 1968 and his medical retirement 
in March 1969.  The Board found no evidence that the applicant was again promoted to 
SGT/E-5 prior to his separation and that his previous service in that grade was not 
satisfactory as a result of his misconduct.  Considering the evidence, the Board 
determined there was insufficient evidence to support the requested change to the 
applicant’s record; there was no error or injustice. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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.  Title 10 USC section 1372 states that the grade on retirement for physical disability 
will be at the grade or rank in which he is serving on the date when his name is placed 
on the temporary disability retired list or, if his name was not carried on that list, on the 
date when he is retired.

3.  AR 15-80 (Army Grade Determination Review Board) states that generally, service in 
a grade will not be considered to have been satisfactory when the highest grade or rank 
was a result of a terminal leave promotion or reversion to a lower grade was:

*	expressly for prejudice or cause 
*	due to misconduct 
*	caused by nonjudicial punishment pursuant to Article 15, Uniform Code of 
Military Justice (UCMJ)
*	the result of the sentence of a court martial
*	there is sufficient unfavorable information to establish that the Soldier's service in 
the grade in question was not satisfactory

4.  AR 15-80, section II paragraph 8 (Grade determination considerations) states that 
the Army Grade Determination Review Board (AGDRB) will consider each case on its 
own merits and is allowed substantial discretion in reaching its decision.  Determination 
will be based on the soldier's overall service in the grade in question, either on active 
duty or other service qualifying the soldier for service/physical disability retirement, 
receipt of retired pay, or separation for physical disability.  Circumstances pertinent to 
whether such service is found satisfactory in the overall sense include but are not 
limited to the following: 

*	medical reasons, which may have been a contributing or decisive factor in a 
reduction in grade
*	compassionate circumstances
*	length of time in grade
*	performance level

5.  AR 15-80 section II paragraph 6 (Case processing) states that for enlisted cases, the 
AGDRB will make final determinations on behalf of the Secretary of the Army.  It will 
determine the highest grade in which a soldier has served satisfactorily for purposes of 
service/physical disability retirement, computation of retired pay, or separation for 
physical disability.  Additionally, the AGDRB will review any other cases referred by the 
Secretary of the Army.

ABCMR Record of Proceedings (cont)	 AR20170000423

4

1