ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 February 2020

	DOCKET NUMBER:  AR20180010612


APPLICANT REQUESTS: his records reflect his highest grade held is Staff Sergeant 
(SSG)/ E-6.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 3713 (Data For Retired Pay), dated 16 August 1991

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 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 never had any trouble and would not do anything to his 
retirement.  He said he was not drinking and should have been given an alcohol test, 
but no one listened to give him one.  The person in front of him was the person drinking, 
not him.  He states he was reduced in rank. 

3.  A review of the applicant’s record shows:


a.	16 August 1991 – Orders 228-229 (Retirement Orders) reflects his retirement 
from active duty with an effective date of 31 May 1992, in the rank of SSG/ E-6.

b.	15 January 1992 – Memorandum from 10th Mountain Division (Light Infantry) 
Fort Drum, Subject:  (Reprimand, Applicant, HHD 548th S&S Bn) for a blood 
alcohol level of .13 percent.

c.	21 January 1992 – First Endorsement from applicant to his Commander 
acknowledging receipt of the Reprimand from the Brigadier General

d.	30 January 1992 – Memorandum for Record reference the Letter of Reprimand 
Rebuttal wherein, it was stated that the applicant did not refute the reprimand he 
received

e.	1 April 1992 – Orders 674-  Reduced in rank from Staff Sergeant (SSG)/ E-6 to 
Sergeant (SGT)/E-5

f.	31 May 1992 – DD Form 214 (Certificate of Release or Discharge from Active 
Duty), type of discharge – Retirement with net active service this period of                  
18 years, 0 months and 1 day with total prior active service 2 years, 0 months 
and 20 days.

4.  The applicant provided two DA Form 3713’s (Data for Retired Pay):

	a.  DA Form 3713, dated 16 August 1991 reflects:

*	retired pay grade - SSG/ E-6
*	highest grade attained – SSG/ E-6
*	letter order number 228-229, dated 16 August 1991
*	date placed on retired list 1 June 1992
*	remarks- 20 years active federal service on 10 May 1992

	b.  DA Form 3713, dated 31 March 1992 reflects:

*	Retired pay grade - SGT/ E-5
*	highest grade attained- SSG/ E-6
*	paragraph attained 12-23e (in accordance with AR 635-200 this is required 
when changes are made to the original DA Form 3713)
*	letter order number 228-229, dated 16 August 1991
*	remarks- Soldier was reduced to SGT/ E-5 for unfavorable action under 
UCMJ

5.  See references below: 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the reprimand in his record, the rank on his retirement orders and the 
subsequent amendment of that rank and the DA Form 3713 that reflects his reduction to 
SGT/E-5 for unfavorable action under UCMJ.  The Board did not find a record of NJP in 
the applicant’s record.  Based on a preponderance of evidence, the Board determined 
that the rank of the applicant at retirement was the last rank at which he served 
satisfactorily and that there was insufficient evidence to determine that an error or 
injustice had occurred.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	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.  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 Army Board for Correction of Military Records 
(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.  Army Regulation 635-200 (Enlisted Personnel) Change 13 states under 

*	Chapter 12-6 (Advancement on the retired list [10 USC 3964])

b.  Regular Army soldiers retired with less than 30 years of active Federal 
service who served on active duty in a grade or grades higher than the grade 
in which retired are considered for advancement on the retired list when their 
active duty service plus service on the retired list totals 30 years.

d. Service in the highest grade is satisfactory except when (1) through (3) 
below apply. All service may be considered to be continuous, or each period 
of service may be considered separately whichever is to the soldier's benefit. 
The criteria in (l) through (3) below do not prevent a soldier from being 
considered to have served satisfactorily in any lower grade or rank.  When the 
soldier served in a grade two or more grades higher than the grade held at 
time of retirement and a determination is made that he or she did not serve 
satisfactorily in the highest grade, it will be determined that he or she served 
satisfactorily in the next lower grade, unless service in that lower grade 
comes within one or more of the following:

   (2) When reversion to a lower grade was:
    
(a) Expressly for prejudice or cause. 
(b) Due to misconduct. 
(c) Punishment per,UCMJ, Article 15, or court-martial action.'

*	Chapter 12-23 (Data for Retired Pay – DA Form 3713) the office having custody 
of the soldier’s personnel records will prepare DA Form 3713 on each soldier for 
whom retirement orders are issued.  

	a.  This form is essential to the Retired Pay Operation, Department 90,                 
US Army Finance and Accounting Center.  The information is used to set up the 
soldier’s retired pay account and the Retired Personnel Master Tape Record 
maintained in HQDA, on each retired soldier of the Army.

	e.  When information on DA Form 3713 must be corrected after the form has 
been distributed, a new DA Form 3713 will be prepared and distributed per c. 
above.  The item numbers being changed will be shown on the line for that 
purpose (upper right corner of the form)

 
    


ABCMR Record of Proceedings (cont)	 AR20180010612

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