ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20190000018


APPLICANT REQUESTS:  correction of his military service records to reflect Sergeant 
First Class (SFC), the highest rank that he obtained 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Personnel Qualification Record 
*	DA Form 1059 (Service School Academic Evaluation Report) 
*	Certificate of Completion of the Advanced Noncommissioned Officer Course 
(ANCOC) for Reserve Components
*	DA Form 2166-7 (NCO Evaluation Report) 
*	Order #017-01 (Rank Reduction Order) 
*	20 Year Letter
*	Army National Guard (ARNG) Retirement Points History Statement 

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 that he served as a SFC for 7 years prior to the change in 
training requirements.  During retirement counseling, the applicant was advised that he 
would be retired as a SFC, the highest rank that he obtained while serving as evidenced 
within the submitted documents.  On 16 November 2018, the Deputy RCR verbally 
informed the applicant that he would not retire as a SFC since he was reduced to Staff 
Sergeant (SSG) for failing to complete Phase II of the training required for promotion to 
SFC.  Even though his subsequent promotion to SFC was revoked for failing to 
complete this requirement, he believes that this should not affect the 7 years that he 
previously served as a SFC and met all requirements.



3.  The applicant submits the following: 

*	Personnel Qualification Record dated 16 May 1990 – reflecting the applicant as a 
SFC with a date of rank of 5 December 1989
*	Certificate of Completion of ANCOC dated 6 March 1994 – reflecting the 
applicant at the rank of SFC
*	DA Form 1059 dated 27 March 1994 – reflecting completion of phase I of 
ANCOC
*	DA Form 2166-7 covering the period of May 1997 through September 1997 – 
reflecting the applicant was evaluated as a SFC during this period
*	Order# 017-01 dated 24 April 1996 – reflecting the applicant was voluntarily 
reduced from SFC to SSG 
*	20 year letter dated 9 January 2000 – notifying the applicant of his eligibility to 
receive retired pay at the age of 60 
*	Army National Guard (ARNG) Retirement Points History Statement dated                       
9 January 2000 – reflecting the applicant’s highest grade held as SFC

4.  A review of the applicant’s service record shows the following on: 

*	15 September 1982 – enlisted in the Army National Guard (ARNG) at the rank of 
Sergeant; prior service in the Marines
*	21 May 1989 – completed the Basic Noncommissioned Officer Course (BNCOC)
*	5 December 1989 (Order# 93-2) – promoted to the rank of SFC
*	27 March 1994 – completed phase I of ANCOC 
*	24 April 1996 (Order# 017-01) – reduction order to the rank of SSG; reference 
AR 600-200, paragraph 11-55
*	2 May 2000 (Order# 41-05) – discharged from the ARNG and assigned to the 
Retired Reserve
*	1 April 2000 – credited with 22 years, 3 months and 23 days of service 
*	22 January 2019 (Order# C11-899033) – placed on the retired list at the rank of 
SSG  

5.  National Guard Regulation (NGR) 600-200 table 6-3 (Promotion Criteria) in effect at 
the time of promotion to SFC states that to be eligible for promotion to SFC, the only 
military educational requirement was completion of BNCOC.

6.  NGR 600-200 Section VI (Reduction and Restoration) para 6-44(h) (Voluntary 
Reduction) states that to obtain a benefit or for personal preference, Soldiers may 
volunteer for reduction to any lower grade.  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 grade if they accept promotion back to 
their formerly held grades.

7.  NGR 600-200 Paragraph 6-41 (Retired Grade) states that retirement orders will 
reflect the grade which the Soldier is authorized on the day before transfer or retirement.

8.  Army Regulation 635-200 (Enlisted Personnel Separations) paragraph 12-3 states 
that retirement normally will be in the regular or reserve grade the Soldier holds on the 
date of retirement.  However, as an exception, ARNG Soldiers serving on active duty at 
the time of retirement, in a grade lower than their highest active duty enlisted grade, 
who were administratively reduced in grade not as a result of their own misconduct, will 
retire at the highest enlisted grade in which they served satisfactorily on active duty.

9.  Title 10 USC, section 3964 states, each retired member of the Army covered by 
subsection (b) (Reserve enlisted members) who at the time of retirement, are serving 
on active duty 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:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s promotion to SFC in 
1989 and subsequent voluntary reduction orders (to SSG) in 1996.  The Board found 
that he was again serving in the rank of SFC according to an NCOER in 1997, but was 
retired as a SSG in 2018.  The Board determined that based on a preponderance of 
evidence the applicant should have been retired at the highest grade held (SFC).

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.
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 orders 
C11-899033, dated 1 November 2018, to show his Retired Grade as Sergeant First 
Class.
 


	  
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 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.  National Guard Regulation (NGR) 600-200 table 6-3 (Promotion Criteria) in effect at 
the time of promotion to SFC states that to be eligible for promotion to SFC, the only 
military educational requirement was completion of BNCOC.

3.  NGR 600-200 Paragraph 6-41 (Retired Grade) states that retirement orders will 
reflect the grade of which the Soldier is authorized on the day before transfer or 
retirement.

4.  NGR 600-200 Section VI (Reduction and Restoration) para 6-44(h) (Voluntary 
Reduction) states that to obtain a benefit or for personal preference, Soldiers may 
volunteer for reduction to any lower grade.  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 grade if they accept promotion back to 
their formerly held grades.

5.  Army Regulation 635-200 (Enlisted Personnel Separations) paragraph 12-3 states 
that retirement normally will be in the regular or reserve grade the Soldier holds on the 
date of retirement.  However, as an exception, ARNG Soldiers serving on active duty at 
the time of retirement, in a grade lower than their highest active duty enlisted grade, 
who were administratively reduced in grade not as a result of their own misconduct, will 
retire at the highest enlisted grade in which they served satisfactorily on active duty.

6.  Title 10 USC, section 3964 states, each retired member of the Army covered by 
subsection (b) (Reserve enlisted members) who at the time of retirement, are serving 
on active duty 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.



ABCMR Record of Proceedings (cont)	 AR20190000018

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