ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 26 June 2020 DOCKET NUMBER: AR20190003083 APPLICANT REQUESTS: * disability grade determination be changed from Staff Sergeant (SSG)/ E-6 to Sergeant First Class (SFC)/ E-7 her highest grade held * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Basic Noncommissioned Officer Course (BNCOC) Certificate * Reassignment Orders 2001 * Noncommissioned Officer Report (NCOER) * Reassignment Orders 2003 * Memo from the Army Grade Determination Review Board FACTS: 1. The applicant states she believes she satisfactory served as a SFC per Army Regulation 15-80. She held the grade of SFC for over a year and she was given a satisfactory evaluation as a SFC on 12 August 2002. She was administratively assigned to the retired reserve as a SFC on 31 January 2003. 2. The applicant's available service records contain the following documents for the Board's consideration: a. A memorandum from US Army Reserve (USAR) Personnel Command, dated 9 March 2000 subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). The applicant was a SSG when the memorandum was issued. b. An NCOER from 9 July 2001 through 20 July 2001. The applicant was a SSG with a date of rank of 19 March 1998. c. An NCOER from 12 August 2002 through 23 August 2002. The applicant was a SFC with a date of rank of 1 January 2002. d. Orders C-02-205122, published by USAR Personnel Command, dated 21 February 2002 transferring the applicant to a new unit effective 21 February 2002. Her rank was SFC. e. A DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), which shows the applicant reenlisted in the USAR in the rank of SFC for a period of 3 years on 25 April 2002. f. Orders 035-03, published by US Total Army Personnel Command, dated 4 February 2003, which reduce the applicant (other than disciplinary) from SFC to SSG with a date of rank of 19 March 1988. The reduction was effective 4 February 2003. g. A DD Form 4/1, which shows the applicant reenlisted in the USAR for an indefinite period in the rank of SSG on 10 October 2012. h. A DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 12 April 2018, which shows the applicant was found to be physically unfit for duty and the board recommended a rating of 80 percent and that she be permanently retired due to a disability. The applicant was a SSG at the time of the PEB. i. Army Grade Determination Review Board AR20180006753. A memorandum to the US Army Physical Disability Agency, dated 2 August 2018, Subject Disability Grade Determination. The applicant was addressed as a SSG in the memorandum. The memorandum states, after a thorough review of the applicant's record and PEB, (which included an administrative reduction while in the rank of SFC dated 4 February 2003), the Grade Determination Board determined the highest rank in which she served satisfactorily was her rank on the date of her separation. The case includes statements from the applicant that states the reason for her reduction was she was unable to complete school. She believes her separation should be based at the higher grade because she has honorably served her country for 20 years; two of them as SFC and during those 20 years, she never had a disciplinary action. On 4 February 2003 she was reduced to the rank of SSG because even though she requested the school many times, quotas were always limited and being in the Individual Ready Reserve (IRR), the priority was for Troop Program Units (TPU) members. 3. The applicant's service records are void of promotion orders to SFC. 4. The applicant provides the following documents for the Board's consideration: a. A DA Form 1059 (Service School Academic Evaluation Report), dated 14 August 1994, which shows the applicant completed BNCOC Phase I in the rank of Sergeant. b. Orders C-12-135559, published by USAR Personnel Command, dated 13 December 2001, transferring the applicant as a SSG from a SFC position in one unit to a SSG position in another unit effective 13 December 2001. c. An NCOER from 12 August 2002 through 23 August 2002 when the applicant was a SFC. This NCOER was present in her service record. d. Orders C-01-302251, published by USAR Personnel Command, dated 23 January 2003 transferring the applicant to the Retired Reserve effective 31 January 2003 in the rank of SFC. e. A memorandum from Army Grade Determination Review Board (which is discussed under service record in 2i). 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. See applicable 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, her record of service and promotions, the absence of promotion orders to SFC, her reenlistment on the rank of SSG, the rank on the orders transferring her to the Retired Reserve, an NCOER showing her rank as SFC, her reduction for other than disciplinary reasons, her rank at the time of the PEB, and the reason for her separation. The Board considered the results of the Army Grade Determination Review Board and the applicant’s statement at the time regarding non-completion of the required education to remain as an SFC. While the Board did find that the applicant served as an SFC for a period of time, based on a preponderance of evidence the Board determined that the rank at which the applicant was permanently retired was not in error or unjust. 2. 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. 3. 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 :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 15-80 (Army Grade Determination Review Board and Grade Determinations), states: a. Section 3964, Title 10, United States Code (10 USC 3964) entitles certain retired members of the Army who are retired with fewer than 30 years of active service, when such member’s active service plus service on the retired list totals 30 years, to be advanced on the retired list to the highest grade served on active duty satisfactorily. The AGDRB reviews each case individually to determine the highest grade served on active duty satisfactorily. This is not an automatic advancement on the retired list. Section 3964 does not apply in retirement for nonregular service (reserve retirement) cases when the retiree was not on active duty (or, in the case of members of the National Guard, when the retiree was not on full-time National Guard duty) at the time of retirement. b. Section 3964 applies to warrant officers of the Army; enlisted members of the Regular Army; and reserve enlisted members of the Army who, at the time of retirement, were serving on active duty (or, in the case of members of the National Guard, were on full-time National Guard duty). These individuals are eligible for advancement on the retired list when their active service plus service on the retired list totals 30 years. Individuals to be placed on the retired list with at least 30 years of active service will be considered for immediate advancement on the retired list. “Highest grade served on active duty” is the grade to which a soldier was actually promoted and paid pursuant to a lawful promotion. c. “Highest grade served on active duty” does not include merely being in a promotable status or serving in, “acting,” or holding a position or job title authorized at a higher grade, such as acting first sergeant or acting sergeant major.