ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 June 2019 DOCKET NUMBER: AR20170001452 APPLICANT REQUESTS: * his retired rank/grade be corrected to Staff Sergeant/E-6 * retroactive payment of his retirement pay calculated at the grade of E-6 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4872 (Certificate of Promotion) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 he is retired and his rank is currently E-6, so his retirement pay should be E-6. He is requesting retroactive payment at the proper grade. He was promoted to E-6 while on active duty and served 10 years on active duty and 10 years in the Reserve. He discovered the error when he was asked about his highest rank during a Department of Veterans Affairs disability claim interview. 3. The applicant provides: a. A DA Form 4872, dated 26 May 1983, showing he was promoted to staff sergeant (SSG) on that date by his battalion commander. b. A DD Form 214, dated 22 December 1986, showing he was discharged by reason of expiration of term of service. He was discharged in the rank of sergeant (SGT) and the pay grade of E-5. The effective date of his pay grade was 26 November 1986. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 21 August 1972 and was honorably discharged as a specialist four on 15 August 1974. After time in the inactive Reserve, he reenlisted in the RA on 27 April 1977. b. Orders 146-112, dated 26 May 1983, promoting him from SGT to SSG with the date of rank of 4 April 1983. c. Permanent Orders 33-19, dated 10 April 1986, awarding him a third Good Conduct Medal. The award covered the period 26 April 1983 to 25 April 1986. His rank is shown as staff sergeant. d. Block 18 “Appointments and Reductions” of the DA 2-1 noted in paragraph a above shows he was reduced from SSG to SGT with a date of rank to SGT on 26 November 1986. His record is void of the reason for this reduction. e. Orders 208-9, dated 11 December 1986 his rank as SGT and directing his discharge from the RA effective 22 December 1986. f. DD Form 214, dated 3 June 1991 as serving in the Army National Guard and was released from active duty, having served in support of Operation Desert Shield/Desert Storm. His rank appears as SGT and his pay grade appears as E-5 with an effective date of 26 November 1986. g. A “Notification of Eligibility for Retired Pay at Age 60”, prepared on 20 September 1995, by the Georgia Army National Guard, and addressed to the applicant. His rank also appears as SGT. h. Orders P05-945009, dated 22 May 2012, directing his placement on the retired list with an effective date of 6 May 2012 in the retired grade of SGT/E-5. 5. By law, an enlisted Soldier retires in the regular or reserve grade he holds on the date of his retirement. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. Based upon the noted reduction in rank on 26 November 1986, from SSG to SGT, the Board found there was no error or injustice which would warrant a correction to the applicant’s rank on his DD Form 214. 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. 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 15-185, (Boards, Commissions, and Committees—Army Board for Correction of Military Records), provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for correction of a military record. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Title 10, USC section 3961, in effect at the time, essentially states that unless entitled to a higher grade under some other provision of law, an enlisted Regular or Reserve of the Army who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement. ABCMR Record of Proceedings (cont) AR20170001452 2 1