ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 June 2019

	DOCKET NUMBER:  AR20180001425


APPLICANT REQUESTS: Correction of his record to show he is receiving retirement 
pay in the rank/grade of staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5.

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 is receiving retirement pay based on him being a SGT at the 
time of discharge, but he held the rank of SSG for over 7 years.

3.  A review of the applicant’s service records show the following on:

*	7 December 1973 – enlisted in the Arkansas Army National Guard (ARARNG)
*	31 March 1976 – honorably released from the ARARNG
*	1 April 1976 – enlisted in the Regular Army
*	19 March 1980 – honorably discharged from active duty
*	26 April 1980 – enlisted in the ARARNG
*	18 April 1986 – Orders Number 5-1, issued by Headquarters, 125th Medical 
Battalion, ARARNG, promoted the applicant to the rank of SSG
*	28 January 1993 – Orders Number 4-1, issued by Troop Command, Detachment 
1, State Area Command, reduced the applicant voluntarily from SSG to SGT, 
Date of Rank (DOR) 4 June 1982, under the authority of National Guard 
Regulation (NGR) 600-200 (Enlisted Personnel Management) paragraph 6-44f
*	8 April 1994 – the applicant was honorably released from the ARNG and 
transferred to the U.S. Army Reserve Control Group (Retired)

4.  NGR 600-200, paragraph 6-44f, in effect at the time states, commanders may 
reduce Soldiers who volunteer for reduction to obtain a benefit or for personal 
preference, Soldiers may volunteer for reduction to any lower rank.

5.  Title 10 USC, section 3961 states, unless entitled to a higher retired grade under 
some other provision of law, a Regular or Reserve of the Army who retires other than 
for physical disability retires in the regular or reserve grade that he holds on the date of 
his retirement.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board agreed that the official record shows that 
although the applicant was promoted to SSG/E6 on 18 April 1986, he subsequently 
voluntarily opted to receive a grade reduction to serve in a SGT/E5 position in his Army 
National Guard (ARNG) unit in 1993. Per Title 10 USC, section 3961 a Soldier 
separating from the ARNG other than for a disability will be discharged at the 
rank/grade held at the time of discharge.  The applicant was serving as a SGT/E5 at the 
time of discharge and this is correctly reflected on the applicant’s retirement orders. 
Therefore, the Board found no evidence of error in the applicant’s case.   
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.


ADMINISTRATIVE NOTE(S):  Not Applicable

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.  NGR 600-200 (Enlisted Personnel Management) paragraph 6-44f, in effect at the 
time states, commanders may reduce Soldiers who volunteer for reduction to obtain a 
benefit or for personal preference, Soldiers may volunteer for reduction to any lower 
rank.  The promotion authority may then administratively reduce the Soldier without 
board action.  These Soldiers are not subsequently entitled to an adjusted DOR for time 
served in a higher rank if they accept promotion back to their formerly held rank.

3.  Title 10 USC, section 3961 states, unless entitled to a higher retired grade under 
some other provision of law, a Regular or Reserve of the Army who retires other than 
for physical disability retires in the regular or reserve grade that he holds on the date of 
his retirement.

//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20180001425
	
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