ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 November 2019

	DOCKET NUMBER:  AR20170010668


APPLICANT REQUESTS:  he be retired in the rank/grade of sergeant first class 
(SFC)/E-7 rather than staff sergeant (SSG)/E-6 and a personal appearance before 
the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:    
DD Form 149 (Application for Correction of Military Record)

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 (ABCMR) 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 retired from the Army in April 1992 as an E-6.  However, 
he was not informed by his brigade sergeant major at the time that he had been 
selected for promotion to E-7 prior to submitting his retirement packet.  A former 
supervisor told him about the promotion board result approximately forty-five days 
after he retired.  His former supervisor also insisted that the information had been 
withheld intentionally.  At this point, it was too late to take any action, because he 
was already retired.  He believes he has been treated unjustly, because he was not 
informed of his promotion by any of his senior leaders.  Had he known of his 
promotion, he would have served in the Army longer.  He served honorably 
throughout his Army career and deserved to know of his E-7 accomplishment in 
advance of submitting his retirement package.  Additionally, retiring when he did 
earns him E-6 retirement pay versus the E-7 retirement pay he would have received.  

3.  A review of the applicant’s service record shows:

     a.  He was inducted into the Army of the United States on 11 December 1968.

     b.  He was promoted to SSG/E-6 on 9 June 1981.

     c.  His DA Form 2-1 (Personnel Qualification Record—Part II) was reviewed and 
forwarded to the E-7 selection board on 31 July 1991.  

     d.  On 18 October 1991, he submitted a DA Form 2339 (Application for Voluntary 
Retirement).  He did not indicate in item 30 whether he was or was not being 
considered for promotion to the next higher grade.  

     e.  His retirement was approved on 10 December 1991 with an effective date of 
31 March 1992.  Retirement orders were issued that same day. 

     f.  He was retired for length of service on 31 March 1992.  His DD Form 214 
(Certificate of Release or Discharge from Active Duty) shows in:

*	item 4a (Grade, Rate or Rank), SSG
*	item 4b (Pay Grade), E-6

4.  By regulation, applicants do not have the right to a hearing before the ABCMR.  
The Director or the ABCMR may grant a formal hearing whenever justice requires.       

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 that it 
could reach a fair and equitable decision in the case without a personal appearance 
by the applicant.

Additionally, the Board determined relief was not warranted.  By law, Soldiers retire 
at the highest grade held. He held the grade of E-6 and was not yet promoted to 
SFC prior to submitting his voluntary retirement.  For those reasons, the Board 
concluded there was insufficient evidence of an error or injustice which would 
warrant making a change to the applicant’s rank.

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 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), in effect at the time, provides Department of the 
Army policy, criteria, and administrative instructions regarding an applicant’s request 
for the correction of a military record.  Paragraph 2-11 states applicants do not have 
a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a 
formal hearing whenever justice requires.

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 retires in the regular or reserve grade that he holds on the date 
of his retirement.  

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170010668

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