ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2019 DOCKET NUMBER: AR20180012776 APPLICANT REQUESTS: * Rank change from staff sergeant (SSG) to first lieutenant (1LT) * Back pay for the last five years * A review of her record to ascertain if it was reviewed for captain in 2000 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Memo from Department of the Army Academy of Health Sciences * Promotion orders to 1LT * Honorable discharge certificate 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, at the time of her retirement on 20 June 1997 she was informed that her 15-year anniversary which was on or around 20 June 2012. She would receive a change in her rank and pay. She assumed that change would have been automatic. As of this date, she is still at the rank of SSG and from her perspective she is due 6 years of back pay. She also requested a review of her record to ascertain if it was reviewed for captain. 3. The applicant provides, * DD Form 214, honorable discharge on 2 September 1993, Block 12h (Effective Date of Pay Grade) to SSG 24 July 1986 * Memo from Department of the Army Academy of Health Sciences congratulating her for her selection to Army Enlistment Commission Program * Promotion orders to 1LT, effective 3 September 1995 * Honorable Discharge Certificate 4. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 12 August 1981. She was honorably discharged on 2 September 1993, Block 12h (Effective Date of Pay Grade) to SSG is 24 July 1986. b. The applicant was ordered to active duty as a commission officer second lieutenant on 3 September 1993. c. According to her Officer Record Brief, she was promoted to 1LT on 3 September 1995. d. The applicant was released from active duty with an honorable discharge on 20 June 1997 for immediate enlistment. Block 4 (Grade, Rate or Rank) 1LT, Block 12h (Effective Date of Rank) 3 September 1995. e. She enlisted in the Regular Army on 21 June 1997 and retired on 30 June 1997 for voluntary early retirement. Block 4 Grade (Rate or Rank), SSG, Block 12h (Effective Date of Rank), 21 June 1997. 5. Department of Defense Financial Management Regulation Volume 7B 10101. A commissioned officer may be voluntarily retired after completion of 20 years of active service, at least 10 years of which is active commissioned service. During the period 1 Oct 1990 through 30 Sep 1995, the Secretary concerned may reduce the active commissioned service requirement for retirement for officers from 10 years to 8 years. 6. Rule for Retirement in Highest Grade Held Satisfactorily.—(1) Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps who retires under any provision of law other than chapter 61 or chapter 1223 of this title shall, subject to paragraph (2) and subsection (b), be retired in the highest grade in which he or she served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. 7. Army Regulation (AR) 600-8-29 (Officer Promotions), currently in effect, prescribes the officer promotion function of the military personnel system. a. Paragraph 1-10 (Promotion Eligibility) states to be considered for promotion by a selection board, an officer must be on the active duty list on the day the board convenes. Officers under suspension of favorable personnel actions or in a non-promotable status remain eligible for consideration. Officers must meet time in grade requirements to be considered for promotion. b. 2LT and 1LT. The law establishes no minimum TIG requirements for consideration for promotion; however, an officer must have at least 18 months TIG to be promoted to 1LT and 2 years TIG to be promoted to CPT (10 USC 619). By the authority of the Secretary of the Army. 8. By regulation (AR 15-185), the ABCMR corrects military records. If as a result of such correction a Soldier is owed monies (or incurs a debt), a copy of the Record of Proceedings is forwarded to the Defense Finance and Accounting Service for payment (or collection). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The Board noted that regulatory guidance requires commissioned officer to serve a minimum of 10 years of service as a commissioned officer prior to retiring in order to retire as a commissioned officer and the Board found that the applicant served less than 4 years as a commissioned officer prior to her retirement. Therefore, the Board concluded that there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s retired rank. 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. 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 (AR) 600-8-29 (Officer Promotions), currently in effect, prescribes the officer promotion function of the military personnel system. a. Paragraph 1-10 (Promotion Eligibility) states to be considered for promotion by a selection board, an officer must be on the active duty list on the day the board convenes. Officers under suspension of favorable personnel actions or in a non promotable status remain eligible for consideration. Officers must meet time in grade requirements to be considered for promotion. b. 2LT and 1LT. The law establishes no minimum TIG requirements for consideration for promotion; however, an officer must have at least 18 months TIG to be promoted to 1LT, and 2 years TIG to be promoted to CPT (10 USC 619), by the authority of the Secretary of the Army. 3. Department of Defense Financial Management Regulation Volume 7B 10101. A commissioned officer may be voluntarily retired after completion of 20 years of active service, at least 10 years of which is active commissioned service. (During the period 1 Oct 1990 through 30 Sep 1995, the Secretary concerned may reduce the active commissioned service requirement for retirement for officers from 10 years to 8 years.) 4. Rule for Retirement in Highest Grade Held Satisfactorily.—(1) Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps who retires under any provision of law other than chapter 61 or chapter 1223 of this title shall, subject to paragraph (2) and subsection (b), be retired in the highest grade in which he or she served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months 5. Army Regulation (AR) 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that you have not exhausted all administrative remedies available. If as a result of such correction a Soldier is owed monies (or incurs a debt), a copy of the Record of Proceedings is forwarded to the Defense Finance and Accounting Service for payment (or collection). ABCMR Record of Proceedings (cont) AR20180012776 4 1