ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 13 August 2020 DOCKET NUMBER: AR20180006965 APPLICANT REQUESTS: * receive 20 years of Active Federal Service * promotion to Master Sergeant (MSG)/E8 * change narrative reason to medical retirement versus voluntary retirement * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Computation of Length of Service * Physical Evaluation Board (PEB) * Physical Evaluation Board Liaison Officer (PEBLO) Estimated Disability Compensation Worksheet * self-authored letter to Physical Disability Agency FACTS: 1. The applicant states: a. Her 2013 DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes) stated she had 18 years, 10 months, and 7 days. The DA Form 1506 needed to be corrected by US Army Human Resources Command (HRC). She could not go up for promotion for MSG for 2 years because the 2013 DA Form 1506 changed her Basic Active Service Date (BASD) to 27 April 1995. b. The Integrated Disability Evaluation System (IDES) received her PEB on 8 February 2018 and states she only had 7200 points for 20 active federal service (AFS), which she had over 7400 for retirement. Upon signing her PEB paperwork, she believed she had over 20 years of AFS according to her 2013 DA Form 1506, PEB paperwork and PEBLO calculation sheet. c. She received medical retirement orders on 13 March 2018 and her DA Form 1506 stated she had 18 years, 10 months, and 7 days of AFS. HRC stated they were sorry and refused to recount her retirement points according to HRC Inspector General. The 2018 DA Form 1056 has 8 years, 10 months and 7 days, which is a 5 years lapse of time. 2. The applicant's available records contain the following documents for the Board's consideration: a. A DA Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), which shows she enlisted in the Army National Guard (ARNG) on 15 May 1984 for a period of 6 years. b. A DD Form 220 (Active Duty Report), dated 7 August 1984, which shows she was on active duty from 4 June 1984 through 7 August 1984. c. A NGB Form 22 (Report of Separation and Record of Service), which shows the applicant was transferred to the US Army Reserve (USAR) Control Group (Reinforcement) effective 3 July 1985. She had served 1 year, 1 month, and 19 days in the ARNG. d. A DD Form 4/1, which shows the applicant reenlisted in the USAR on 4 April 1987 for a period of 6 years in the rank of Private/E-2. She did not have any active military service. e. A 5AA Form 100 (Request for Discharge), dated 4 April 1987, which shows the applicant requested discharge for immediate reenlistment. She was recommended for an honorable discharge and reenlisted on 4 April 1987. f. A DA Form 4/1, which shows the applicant reenlisted in the USAR on 19 March 1993, as a Sergeant/E-5 for a period of 6 years. She had a total of 2 months and 3 days of active military service and 8 years 5 months and 18 days of inactive military service. g. Orders R-05-002704, published by USAR Personnel Command, dated 6 May 1998 ordering the applicant to Active Guard Reserve Status (AGR) in the grade of Staff Sergeant (SSG)/E-6 on 22 June 1998 for a period of 3 years. Her Release From Active Duty (REFRAD) dated was 16 May 2001. h. Orders 291-18, published by US Total Army Personnel Command, dated 18 October 1999, which promotes her to Sergeant First Class (SFC)/E-7 effective 1 November 1999. i. Orders R-05-002704A03, published by USAR Personnel Command, dated 17 March 2000 which amends her period of active duty from 3 years to 3 years, 1 month and 2 days making her new REFRAD date 18 June 2001. j. Orders R-05-002704A04, published by USAR Personnel Command, dated 15 March 2001, which further amends her period of active duty to 3 years, 5 months, and 16 days making her new REFRAD date 31 October 2001. k. Order 250-06, published by US Total Army Personnel Command, dated 7 September 2001 reducing her (other than disciplinary) to SSG with a date of rank of 13 July 1996. l. Orders D-09-800135, published by USAR Personnel Command, dated 11 September 2001 which discharged her from USAR/AGR effective 31 October 2001. m. A DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows the applicant was discharged from the USAR effective 31 October 2001 in the rank of SSG. She had a total of 3 years, 5 months, and 14 days of active duty service with 9 months of prior active service and 13 years, 2 months, and 2 days of total prior inactive service. She was discharged for completion of required active service. n. A DA Form 4/1, which shows the applicant reenlisted in the USAR on 31 January 2001 in the rank of SSG for a period of 6 years. o. Orders 02-085-030, published by Headquarters, 95th Division (Institutional Training), dated 26 March 2002 promoting the applicant to SFC effective 26 March 2002 with a date of rank of 25 February 2002. p. Orders R-04-472771, published by HRC, dated 14 April 2004 ordering the applicant to AGR status effective 3 May 2004 for a period of 3 years. Her REFRAD was 24 April 2007. q. Orders 04-112-0006, published by Headquarters, 95th Division (Institutional Training), dated 21 April 2004, which shows the applicant was voluntarily reassigned to USAR Control Group (Reinforcement) effective 2 May 2004. r. Orders 04-118-00002, published by Headquarters, 95th Division (Institutional Training), dated 27 April 2004, which shows the applicant was transferred to the USAR Control Group (AGR) effective 24 April 2004. s. A memorandum from HRC, dated 21 June 2006, Subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). t. A FB Form 1990-R-E (USAR AGR End of Tour Report), which shows the applicant was released on 22 October 2006 from AGR. She was ordered to active duty in support of Operation Enduring Freedom from 22 October 2005 through 22 October 2006. u. Orders R-04-472771A01, published by HRC, dated 6 March 2007, changing her active duty commitment to 3 years, 6 months, and 6 days and her REFRAD date to 30 October 2007. v. A DA Form 4/1, which shows she reenlisted in the USAR for an indefinite period of time on 9 October 2007 beginning in pay grade E-7. w. Orders R-10-787872, published by HRC, dated 23 October 2007, which shows she was released from active duty for the purpose of reenlistment. She was ordered to AGR status. x. Orders W-04-780649A01, published by HRC, dated 22 March 2010, which amended her period of service from 26 April 2004 to 25 April 2007 to 25 April 2007 to 24 April 2007. y. A DA Form 1506, dated 16 December 2013, which shows: * she was in the ARNG from 15 May 1984 to 3 June 1984 * she was in the ARNG on Active Duty from 4 June 1984 to 7 August 1984 * she was in the ARNG from 8 August 1984 to 3 July 1985 * she was in the USAR not on Active Duty from 4 July 1985 to 26 May 1998 * she was in the USAR on Active Duty from 27 May 1998 to 31 October 2001 * she was in the USAR not on Active Duty from 1 November 2001 to 24 April 2004 * she was in the USAR on Active Duty (AGR) from 25 April 2004 to 6 December 2013 * her Pay Entry Basic Date was 15 May 1984 * her BASD was 27 April 1995 * she had 18 years, 7 months, and 10 days total active federal service * and 29 years 6 months and 22 days total creditable service z. A DA Form (Informal PEB Proceedings), dated 1 February 2018, which shows the board found her physically unfit and recommended a rating of 20 percent and that she be retired due to permanent disability. aa. Orders 078-0001, published by HRC, dated 19 March 2019, retiring the applicant effective 31 July 2019. She had 35 years, 2 months, and 16 days towards basic pay and 22 years, 5 months, and 18 days of service. She initially entered the military on 15 May 1984. Those orders were amended from Permanent Disability to Non-Disability. bb. A DD Form 214, which shows the applicant was placed in USAR Control Group Retired effective 31 July 2019. She had a total of 15 years, 3 months, and 6 days of active duty service that period. She had a total of 4 years, 9 months, and 6 days prior active duty service. She was retired due to sufficient service for retirement. 3. The applicant’s record is void of a DA Form 1506 other than the one provided for the Board's consideration, any documentation showing her BASD other than the DA Form 1506 provided for the Board's consideration, or evidence she was recommended or considered for promotion to MSG. 4. The applicant provides the following documents for the Board's consideration: a. A DA Form 1506, which was present in her service record. b. A DA Form 199, which was present in her service record. c. A DA Form 5892 (PEBLO Estimated Disability Compensation Worksheet), which shows the applicant had 23 years and 10 months of service and she had a 20 percent disability rating. d. A self-authored letter to the Physical Disability Agency, dated 14 May 2019, wherein she requests withdrawal from active duty after achieving 20 years of active duty. Her effective date of retirement would be 31 July 2019. She elected for voluntary retirement. She understood the decision would null and void any further IDES process through the physical disability agency. 5. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 6. In the processing of this case, an advisory opinion was obtained on 14 July 2020, from the Chief, Enlisted Promotions Branch, HRC. The advisory noted, the applicant stated the adjustment of her BASD led her to not be seen by two promotion boards and seeks promotion to MSG. The advisory office could not consider the statement because they needed to wait for the BASD correction to be made, if there is a correction to be made, and then wait for an inquiry from the Board to determine if any boards were missed to warrant a standby advisory board. At this point, there was nothing they could do further to support the inquiry. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 7. The applicant was provided a copy of this advisory opinion on 14 July 2020 to provide her an opportunity to comment and/or submit a rebuttal. She did not respond. 8. See references below. BOARD DISCUSSION: After review of the application and all evidence, the Board found insufficient evidence to grant relief. The Board carefully considered the applicant’s statement, the supporting documents, and the HRC Advisory Opinion and found insufficient evidence of error, inequity or injustice in the applicant’s case. 1. Regarding the applicant’s requests to receive 20 years of Active Federal Service and change narrative reason to medical retirement versus voluntary retirement, the Board found insufficient evidence to grant relief. On 14 May 2019, the applicant submitted a request to terminate her COAD orders after reaching 20 years of Active duty with an effective date of retirement 31 July 2019. In her request to terminate her COAD, she acknowledged, “I understand that this decision will null and void any further IDES process thru the PDA.” Her DD Form 214, dated 31 July 2019, indicates that she completed 20 years and 12 days of Active service and had “sufficient service for retirement.” Therefore, the Board found that her DD Form 214 properly reflects her 20 years (and 12 days) of Active Federal Service and narrative reason, since she requested to terminate COAD and curtail the IDES process and accept a longevity retirement. 2. Regarding the applicant’s request for promotion to Master Sergeant (MSG)/E8, the Board found insufficient evidence that she ever served in or would have been promoted to that rank/grade as there is insufficient evidence of error regarding the applicant’s BASD. a. The ABCMR is not an investigative agency. The applicant’s record is void of and the applicant did not provide sufficient evidence that the applicant’s BASD is incorrect. The record is void of any recalculation of the applicant’s BASD. b. The applicant states that there is another DA Form 1506 from 2018. The record is void of and the applicant did not provide this document. The record does contain a DA Form 1506, dated 6 December 2013, in which the applicant had 18 years, 7 months and 10 days of active service. The record is void of and the applicant did not provide sufficient evidence of active service subsequent to the date of her 6 December 2013 DA Form 1506. c. On the undated DA Form 5892 (PEBLO Estimated Disability Compensation Worksheet), block 9 states: “This is only an estimate. DFAS will accurately calculate your pay.” 3. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this 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. REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation (AR) 601-280 (Regular Army and Army Reserve Enlistment Program), governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve. It states in part with regard to enlistment and accession documentation Active Duty Service Date is entered in year, month, day (YYYYMMDD) format. For Army Reserve personnel, enter the date scheduled for entry on initial active duty for training (IADT). 3. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotions and reductions of Army enlisted personnel. Chapter 4 provides that clarifying guidance pertaining to the centralized selection of RA and USAR AGR Soldiers to the senior NCO ranks. This chapter provides that: a. The selection and promotion process for senior enlisted grades (SFC through sergeant major) is centralized at promotion authority headquarters. All staff sergeants through master sergeants/first sergeants who meet the basic eligibility requirements will be considered for promotion. b. Selection boards will recommend a specified number of best qualified Soldiers by military occupational specialty (MOS) from the zones of consideration to meet the needs of the Army. The total number selected for each career progression MOS is the projected number the Army needs to maintain its authorized-grade strength. Soldiers who are not selected for promotion will not be provided specific reasons for non- selection. 4. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) Section III (Selection and Promotion to staff sergeant through sergeant major) 4-9. Scope states a centralized promotion system has been in effect for the promotion of USAR AGR Soldiers since January 1979. This section retains the centralized system for promotion to SSG, SFC, MSG, and SGM. a. Promotion to SSG and above will be made through the centralized process against existing or projected vacancies in the AGR Program. Soldiers will be promoted in the MOS recommended by the board, according to their sequence number on the list. b. A Soldier must be promoted in a position requiring the Military Occupational Specialty (MOS) recommended by the board. Subsequent assignment or reassignment after promotion will only be in the recommended MOS which, except for a detailed recruiter (see para 4-20), will become the Soldier's PMOS. A Soldier selected for promotion in other than his or her PMOS will be ineligible for any voluntary reclassification action for 24 months following promotion. 5. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30 percent. ABCMR Record of Proceedings (cont) AR20180006965 7