ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20170012600


APPLICANT REQUESTS: in effect, a correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show he retired in the rank/grade of staff 
sergeant (SSG)/E-6, the highest grade he held.

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 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 active duty after serving 20 years
*	he held the rank of SSG for 5 years, 1 August 2007 to 1 January 2012

3.  The applicant enlisted in the Regular Army on 23 September 1996.  He served 
through multiple reenlistments or extensions, in a variety of stateside or overseas 
assignments, including Iraq and Afghanistan.  He was promoted to SSG/E-6 on 
1 September 2007.

4.  He received non-judicial punishment on 26 January 2012 under the provisions of 
Article 15, Uniform Code of Military Justice.  His punishment consisted in part, of a 
reduction to sergeant/E-5.

5.  Headquarters, Installation Management Command, Fort Carson, CO published 
Orders 096-0023 on 5 April 2016 retiring him effective 30 September 2016 and placing 
him on the retired list in his retire drank/grade of SGT/E-5 on 1 October 2016. 

6.  He was honorably retired on 30 September 2016.  His DD Form 214 shows his type 
of separation as retirement with 20 years and 8 days of active service.  His DD Form 
214 also show in 

*	Block 4a (Grade, Rate or Rank), SGT
*	Block 4b (Pay Grade) E-5
*	Block 12i (Effective Date of pay Grade) 2012-01-26

7.  DOD Financial Management Regulation, volume 7B (Military Pay Policy and 
Procedures-Retired Pay), chapter 1 (Initial Entitlements- Retirements), section 0105 
(Rank and Pay Grade), paragraph 010501A (General Determinations) states that unless 
entitled to a higher grade under some other provision of law, those Regular and 
Reserve members who retire other than for disability, will retire in the Regular or 
Reserve grade they hold on the date of retirement.  Paragraph 10503 (Satisfactory 
Service) provides that the determination as to what constitutes satisfactory service for 
the purpose of retirement in the highest grade is within the discretionary power of the 
Secretary of the Military Department concerned.

BOARD DISCUSSION:

After reviewing the application and all evidence, the Board found relief is not warranted.  
His contentions were carefully considered.  Although he achieved promotion to SSG, 
evidence of record shows he was reduced to SGT as a result of misconduct, and as 
punishment under the UCMJ.  The Board agreed the reduction from SSG to SGT 
demonstrates he did not serve successfully at the highest rank held.  There is 
insufficient evidence to grant relief.

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:

Department of Defense Financial Management Regulation, volume 7B (Military Pay 
Policy and Procedures-Retired Pay), chapter 1 (Initial Entitlements- Retirements), 
section 0105 (Rank and Pay Grade), paragraph 010501A (General Determinations) 
states that unless entitled to a higher grade under some other provision of law, those 
Regular and Reserve members who retire other than for disability, will retire in the 
Regular or Reserve grade they hold on the date of retirement.  Paragraph 10503 
(Satisfactory Service) provides that the determination as to what constitutes satisfactory 
service for the purpose of retirement in the highest grade is within the discretionary 
power of the Secretary of the Military Department concerned.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170012600
	
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