ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 July 2019 DOCKET NUMBER: AR20170018411 APPLICANT REQUESTS: •in effect, correct retirement pay to Sergeant Major (SGM)/E-9 APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •US Army Sergeant's Major Academy (USASMA) Graduation Certificates •Certificate of Appointment to Command Sergeant Major (CSM)/E-9 FACTS: 1.The applicant states: •he was informed that Defense Finance and Accounting Service (DFAS) doesnot have his order promoting him to SGM or completion of USASMA •he is not in possession of his promotion orders •on 1 April 1998 he was promoted to the rank of SGM/E-9 prior to completingUSASMA •he completed USASMA on 25 June 1999 •he successfully held the rank of E-9 from at least 1997 or early 1993 to April 2003 when he was reduced to Master Sergeant (MSG)/E-8 anddischarged from the Army National Guard 2.The applicant provides his graduation certificates showing he completed USASMAand a certificate of appointment from SGM to CSM for the Board's consideration. Theapplicant graduated from USASMA on 25 June 1989. 3.The applicant's service records show: •a DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the periodAugust 1996 through August 1997 as a SGM; his date of rank is listed as3 July 1996 •Orders 59-009 laterally appointing him to a CSM effective 1 April 1998 with adate of rank of 3 July 1996 •Orders 101-1021 reduction orders from SGM to MSG for misconduct 4.National Guard Regulation 600-200 (Enlisted Personnel Management), in effect atthe time, stated a Soldier can be reduced one or more grades for misconduct or civilconviction. 5.The applicant's retirement pay package contains his retirement points history, whichshows he retired with 27 years of service. Orders 101-1042 show he was dischargedfrom the Army National Guard effective 11 April 2003 and received a General, UnderHonorable Conditions discharge. He was discharged as a MSG. 6.Title 10, USC 3964 states retired members of the Army who retire with less than 30years of active service are entitled, when their active service plus their service on theretired list totals 30 years, to be advanced on the retired list to the highest grade inwhich they served on active duty satisfactorily. BOARD DISCUSSION: 1.The Board carefully considered the applicant’s request, supporting documents andevidence on the records. The Board considered the applicant’s statement, his record ofservice, his promotion and attendance at USASMA, his reduction for misconduct andgrade upon separation from the ARNG and his grade upon retirement. The Boardfound no evidence that the applicant was improperly or unjustly reduced in grade due tomisconduct or that he was again promoted prior to his separation. Based on apreponderance of evidence, the Board found the applicant was retired at the highestgrade in which he served satisfactorily and determined that the grade on his retirementorders was not in error or unjust. 2.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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. Microsoft Office Signature Line... 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.National Guard Regulation 600-200 (Enlisted Personnel Management), in effect atthe time, established standards, policies, and procedures for the management of ArmyNational Guard (ARNG) enlisted Soldier in the areas of promotion, appointment, andreduction. Paragraph 11-61 entitled reduction for misconduct or civil conviction, stated: a.If a soldier is to be discharged with a discharge certificate under other thanhonorable conditions, the State AG will reduce the soldier immediately to PVl without board action. If the discharge is suspended, the soldier is not reduced under this paragraph. b.When discharged because of being dropped from rolls, a Soldier is automaticallyreduced to PVl without board action. c.A Soldier can be reduced one or more grades for misconduct or civil conviction. (1)If appropriate, Article 15, UCMJ (AR 2710), Courts-Martial (MCM 1984), orprovisions of State law may be used to effect reductions for misconduct in lieu of this regulation. (2)Administrative reductions for misconduct may be based on one or more actsof misconduct. (3)A soldier convicted by a civil court (domestic or foreign) or adjudicated as ajuvenile offender by a civil court (domestic or foreign) is reduced or considered for reduction upon receipt of documents establishing a sentence (imposed or vacation of a suspended sentence) or a finding of guilt with sentence to be established at a later date. A soldier can be reduced even though an appeal is filed. (4)If the civil authority's sentence includes death or confinement of 1 year ormore that is not suspended, the soldier is reduced to PVI. If convicted, or a guilty plea is accepted by the court, and sentencing is delayed for at least 30 days, reduction can be accomplished immediately based on the maximum penalty. If reduced and if the actual imposed sentence is less severe, then further restoration and board actions are required. (5)If the sentence is confinement for more than 30 days, but less than 1 year(not suspended), or 1 year or more suspended, SPC and below will be considered for a one or more grade reduction. SGT and above must be referred to a reduction board for possible reduction of one or more grades. (6)If the sentence is less severe, and reduction authority considers itappropriate, the soldier may be considered for reduction of one or more grades. 2.Title 10, USC 3964 states each retired member of the Army who is retired with lessthan 30 years of active service is entitled, when his active service plus his service onthe retired list totals 30 years, to be advanced on the retired list to the highest grade inwhich he served on active duty satisfactorily (or, in the case of a member of the NationalGuard, in which he served on full-time duty satisfactorily), as determined by theSecretary of the Army. This section applies to warrant officers of the Army; enlistedmembers of the Regular Army; and reserve enlisted members of the Army who, at thetime of retirement, are serving on active duty (or, in the case of members of the NationalGuard, on full-time National Guard duty).