ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


BOARD DATE:  16 April 2019
DOCKET NUMBER: AR20180014429


APPLICANT REQUESTS: correction of his record to show he 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)
*	Retiree Account Statement
   *	Orders 20-68 
FACTS:
1.	The applicant states he retired out of the United States Army Reserves (USAR) as a 
Sergeant First Class (SFC) but was a Captain (CPT) while on active duty.  He reports 
his promotion orders to CPT was submitted with his retirement packet.  His pay is 
correct based on retired pay as a CPT. He reports the only place that he is aware of his 
rank being displayed incorrectly is in the address section of his Retiree Account 
Statement.

2.	A review of the applicant records show:

*	11 May 1979 - the applicant commissioned as a Second Lieutenant (2LT) in the 
Regular Army (RA)
*	1 April 1983 - he was promoted to CPT in the RA per Orders 20-68
*	1 September 1992 - the applicant was honorably discharged from the RA
*	1 September 1992 - the applicant was appointed as Reserve Commissioned 
Officer in the United States Army Reserve (USAR)
*	26 May 1994 - the applicant received a letter from Department of the Army (DA) 
showing he was a two time non-select for promotion to Major
*	29 August 1994 - the applicant was placed in the Retired Reserves
*	27 June 1997 -  the applicant enlisted in the USAR
*	20 August 2008 - the applicant received his twenty year letter
*	6 June 2017 - Orders C06-794886 show the applicant was placed on the retired 
list with the retired grade SFC



3.	The applicant provided his Retiree Account Summary showing his retired pay as
$1377.02 per month.

4.	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.

5.	Title 10 USC, section 3964 states, (a) each retired member of the Army covered by 
subsection (b) who is retired with less than 30 years of active service is entitled, when 
his active service plus his service on the retired list totals 30 years, to be advanced on 
the retired list to the highest grade in which he served on active duty satisfactorily, as 
determined by the Secretary of the Army.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The Board determined he satisfactorily served as a CPT while on 
active duty. The Board agreed he should be placed on the retirement list in the rank of 
CPT.

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 amending AHRC-PDP-TR 
Orders C06-794886, dated 6 June 2017, to read retired Grade: Captain, instead of 
Sergeant First Class.




6/19/2019

X r.	
CHAIRPERSON
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.	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.

2.	Title 10 USC, section 3964 states, (a) each retired member of the Army covered by 
subsection (b) who is retired with less than 30 years of active service is entitled, when 
his active service plus his service on the retired list totals 30 years, to be advanced on 
the retired list to the highest grade in which he served on active duty satisfactorily, as 
determined by the Secretary of the Army.

(b)	This section applies to:

(1)	warrant officers of the Army;
(2)	enlisted members of the Regular Army; and
(3)	reserve enlisted members of the Army who, at the time of retirement, are 
serving on active duty (or, in the case of members of the National Guard, on full- 
time National Guard duty).

//NOTHING FOLLOWS//