ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 April 2019 DOCKET NUMBER: AR20170018856 APPLICANT REQUESTS: correction of her record to show she was retired in the highest grade held of captain (CPT)/O-3 instead of sergeant first class (SFC)/E-7. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Promotion as a Reserved Commissioned Officer of the Army under Title 10 United States Code (USC) Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), dated 8 March 1985 * Memorandum, Subject: Promotion as a Reserved Commissioned Officer of the Army under Title 10 USC AR 135-155, dated 29 November 1988 * Orders Number C-04-512924, dated 13 April 1995 * Army National Guard (ARNG) retirement points history statement, dated 27 June 2017 * Orders Number 209-847, dated 28 July 2017 * Defense Finance and Accounting Service (DFAS) letter, dated 18 October 2017 * Applicant response letter to DFAS, dated 12 November 2017 FACTS: 1. The applicant states her records show she held the rank of CPT alone with promotion orders. She held the rank of CPT in the U.S. Army Reserve (USAR). The ARNG cannot correct documents for the USAR. The ARNG reflects SFC and the USAR reflects CPT. 2. A review of the applicant’s service records show the following on: * 29 January 1982 – appointed as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 * 28 January 1985 – by memorandum, promoted to the rank/grade of first lieutenant (1LT)/O-2 in the USAR * 29 November 1988 – by memorandum, promoted to the rank of CPT in the USAR * the applicant’s records shows she was twice considered and not selected for promotion to the rank/grade of major (MAJ)/O-4; as a result of the second non- selection she would be separated from the USAR * 18 October 1995 – Orders Number C-10-558090, issued by the USAR Personnel Center, St. Louis, MO reassigned the applicant to the USAR Control Group (Reinforcement) * 6 February 1996 – enlisted in the Mississippi (MSARNG) in the rank/grade of sergeant (SGT)/E-5 and served through multiple extensions * 4 February 2010 – MSARNG, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) in the rank/grade of staff sergeant (SSG)/E-6 * 6 October 2014 – Orders Number 279-817, issued by Joint Forces Headquarters (JFHQ), MSARNG promoted the applicant to the rank of SFC, effective on 23 September 2014 * 17 March 2017 – a formal Physical Evaluation Board (PEB) convened and the PEB found the applicant unfit and recommended a combined rating of 40% and her disposition be permanent disability retirement * 10 May 2017 – Orders Number D 130-02, issued by the U.S. Physical Disability Agency placed the applicant on the retired list in the rank of SFC * 13 June 2017 – honorably released from the MSARNG and transferred to the Retired Reserve; NGB Form 22 (Report of Separation and Record of Service) shows in item 5(a/b) (Rank/Pay Grade) SFC/E-7 and item 6 (Date of Rank) 23 September 2014 * 5 September 2018 – ARNG retirement points history statement shows the applicant’s highest held grade was CPT/O-3 and she had 6 creditable years of service for retirement pay in that grade * her record is void of any record of disciplinary action or unsatisfactory performance in the rank of CPT 4. During the processing of this case the applicant will turn 60 years of age. 5. The applicant provides: * Orders Number C-04-512924, issued by the USAR Personnel Center, reassigned the applicant from the USAR Control Group (Reinforcement) to a mobilization position in the rank of CPT * Orders Number 209-847, issued by JFHQ, MSARNG, honorably discharged the applicant from the MSARNG to the Retired Reserve in the rank of SFC * DFAS letter wherein the applicant was informed her request for a record would have to be initiated through her branch of service because changes to retirement factors are considered to be a correction of military records * applicant’s response to DFAS wherein she states she served a total of 35 years in the U.S. Army, 8 years in the USAR and 27 years with the ARNG, and her unit informed her there was no error, and she would continue her efforts until she has obtained retirement pay for the rank of CPT * applicant states the regulations state that a soldier may receive retirement pay based on the highest grade held 6. AR 135-180 (Retirement for Non-Regular Service) paragraph 4-6 states, retired pay for a non-regular retirement is determined for service if the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which a commissioned officer or enlisted Soldier held while on active duty or in an active reserve status for at least 185 days or 6 calendar months. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant full relief. The applicant’s contentions were carefully considered. The applicant’s MSARNG Retirement Points History Statement shows her rank as SFC, and also shows her highest rank held as CPT/O-3. The applicant was medically retired and placed on the retirement list as a SFC. There is no record of misconduct while she served at the rank of CPT. Based upon the preponderance of evidence, the Board agreed she should be placed on the retirement list at the rank of CPT; her highest rank held. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by coordinating with the MSARNG to amend her retirement orders and NGB Form 22 to show she was placed on the retirement list at the rank of CPT. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCE: AR 135-180 (Retirement for Non-Regular Service) paragraph 4-6 states, retired pay for a non-regular retirement is determined for service if the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which a commissioned officer or enlisted Soldier held while on active duty or in an active reserve status for at least 185 days or 6 calendar months. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170018856 2 1