ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20170013570 APPLICANT REQUESTS: * promotion to Staff Sergeant (SSG)/E6 * retirement pay adjustment APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * 20 year letter * notification of being on retired list * retiree account statement * State of Alabama Certificate of Birth * promotion order to SSG * certification of service * Army Achievement Award (AAM) Certificate * Army Commendation Award (ARCOM) Certificate * unit selection to participate in Soldier of the Year competition FACTS: 1. The applicant states: * he requests advancement on the retired list to the highest grade held satisfactorily while on active duty under the provisions of Title 10, United States Code (USC) Section 3964 * he retired on 10 December 1996 in the grade of Sergeant/E5 * he previously held the rank of SSG/E6 while on active duty * according to his calculations, he has a total of 30 years of time in active service and on the retired list * he also obtained the age of 60 on 11 February 2016 * he understand Army Regulation 15-89 which states service in a grade will not be considered to be satisfactory when a lower grade results from misconduct * * he believes the Army Grade Determination Board should advance him on the retired list to SSG because he previously held the rank of SSG while on active duty for 3 years * he was an excellent Soldier during his 25 years of military service and received an AAM, the ARCOM, and was recommended for Soldier of the Year * he admits he made some mistakes during his military career * during one eight year period of active duty his wife and children did not reside with him * he went astray at times * he atoned for those mistakes, righted the ship, and continued his military service and retired honorably after 25 years of service to his country 2. The applicant's records contain a DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) which shows he was in the US Army Reserve (USAR) on Active Guard Reserve (AGR) Duty Status from 6 July 1986 through 30 January 1995. 3. He was promoted to the rank of SSG effective 1 February 1989 while he was on AGR Status. He provides a copy of his promotion orders number 004-43, published by U.S. Total Army Personnel Command dated 10 January 1989. 4. The applicant's service records contain Special Court-Martial Convening Order 1, published by Headquarters Command, United States Army Garrison, dated 7 February 1992. He received a Special-Court Martial on 9 January 1992 and was found guilty of disobeying a lawful command, disrespect to a superior commissioned officer, being absent without leave, and failing to go to his place of duty. He was sentenced to reduction to Specialist/E4. 5. The applicant's service records contain Orders 1-1 published by Headquarters, 252nd Support Battalion. The orders show he was promoted to SGT/E5 effective 1 February 1993. 6. The applicant was discharged from the USAR AGR status on 30 January 1995 for misconduct. His rank at the time of his discharge was Specialist/E4. 7. The applicant remained in the USAR in a non-active status and received his 20 year letter on 10 December 1996. He was placed on the retired list on 11 February 2016. 8. Title 10, USC 3964 states each retired member of the Army 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 reserve enlisted members of the Army who, at the time of retirement, are serving on active duty. It does not apply in retirement 1. for nonregular service (reserve retirement) cases when the retiree was not on active duty at the time of retirement. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the applicant being reduced from SSG to SPC at at a Special Court-Martial with no record of promotions after that reduction prior to discharge, the Board found that information currently depicted on the applicant’s DD Form 214 accurately depicts the rank of the applicant at the time of discharge. For that reason, the Board recommended denying the applicant’s request for 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. 5/13/2019 X CHAIRPERSON Signed by: 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 3964 states each retired member of the Army 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; and 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). 2. Army Regulation 15-80 (Army Grade Determination Review Board and Grade Determinations, states: a. Section 3964, Title 10, United States Code (10 USC 3964) entitles certain retired members of the Army who are retired with fewer than 30 years of active service, when such member’s active service plus service on the retired list totals 30 years, to be advanced on the retired list to the highest grade served on active duty satisfactorily. The AGDRB reviews each case individually to determine the highest grade served on active duty satisfactorily. This is not an automatic advancement on the retired list. Section 3964 does not apply in retirement for nonregular service (reserve retirement) cases when the retiree was not on active duty (or, in the case of members of the National Guard, when the retiree was not on full-time National Guard duty) at the time of retirement. b. Section 3964 applies to warrant officers of the Army; enlisted members of the Regular Army; and reserve enlisted members of the Army who, at the time of retirement, were serving on active duty (or, in the case of members of the National Guard, were on full-time National Guard duty). These individuals are eligible for advancement on the retired list when their active service plus service on the retired list totals 30 years. Individuals to be placed on the retired list with at least 30 years of active service will be considered for immediate advancement on the retired list. “Highest grade served on active duty” is the grade to which a soldier was actually promoted and paid pursuant to a lawful promotion. c. “Highest grade served on active duty” does not include merely being in a promotable status or serving in, “acting,” or holding a position or job title authorized at a higher grade, such as acting first sergeant or acting sergeant major.