ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 September 2019 DOCKET NUMBER: AR20170003478 APPLICANT REQUESTS: correction of his Army records to show he retired in the rank/grade of sergeant first class (SFC)/E-7 instead of staff sergeant (SSG)/E-6. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 13 December 2005 * DD Form 215 (Correction to DD Form 214) FACTS: 1. The applicant states he recently retired from active duty in the rank of SSG/E-6. However, before his Army service, he served in the U.S. Marine Corps (USMC) and achieved the rank of GYSGT/E-7. It is his understanding that his retirement grade should be based on his highest 36 months of active duty. His current retirement is based on the rank of SSG. His original appeal began with the Defense Finance and Accounting Service (DFAS) in July 2016. After several months, DFAS notified him that he had to apply for a correction of his military records. He is looking to have his retired pay adjusted to accommodate his service as a GYSGT, USMC. 2. Review of the applicant's military record shows: a. He enlisted in the USMC on 17 February 1993. He was promoted to GYSGT/E-7 on 1 November 2004. He was honorably discharged from the USMC on 13 December 2005, for completion of required active service. His DD Form 214 shows he completed 12 years, 9 months, and 27 days of active service. b. He provides a DD Form 215, issued on 16 December 2005, amending item 26 (Separation Code) of his 2005 DD Form 214. c. He enlisted in the Regular Army (RA) on 18 February 2009. He held military occupational specialty 25Q (Multichannel Transmission Systems Operator). He reenlisted in the RA on 27 April 2011. He served in Afghanistan from 10 August 2011 to 29 July 2012. d. He was promoted to SSG/E-6 on 1 January 2012. e. He was honorably retired on 30 April 2016. His DD Form 214 shows he completed 7 years, 2 months, and 13 days of net active service this period and 12 years, 9 months, and 27 days of total prior active service. This form also shows in: * Item 4a (Grade, Rate, or Rank) – SSG * Item 4b (Pay Grade) – E-6 * Item 12i (Effective Date of Pay Grade) – 1 January 2012 3. 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. 4. 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. Public law allows for retired members to receive a promotion to the highest rank held upon accumulating a total of 30 years (active service plus time on the retired list). The Board agreed he has not met the 30 year requirement at this time, and will reach it on or about 20 April 2026. 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 635-8 (Separation Processing and Documents) provides the guidance for preparation of separation documents. The directions for completing blocks 4a (Grade, Rank, or Rate) and 4b (Pay Grade) state, to verify that active duty grade or rank and pay grade are accurate at time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003478 3 1