ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  15 July 2019

	DOCKET NUMBER:  AR20190004750


APPLICANT REQUESTS: : Correction of his record to show he was retired at the highest rank/grade held of master sergeant (MSG)/E-8 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)
* Leave and Earnings Statement (LES), dated 31 July 1983

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 (ABCMR) 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 in effect, he held the rank of MSG and he requests to be advanced on the retired list in that rank.  According to his calculation he has 34 years of service and time on the Retired list.

3.  A review of the applicant’s service records show the following on:

* 9 July 1963 – the applicant was inducted into the Regular Army and served through multiple reenlistments
* 1 February 1977 – Orders Number 21-1, issued by Headquarters, Department of the Army, promoted the applicant to the rank of SFC
* 31 July 1983 – honorably retired from active duty, DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years, 10 months, and 6 days active service for this period with 15 years, 2 months, and 15 days of prior active service, item 4a (Grade, Rate or Rank) shows SFC
* his record is void of any orders promoting him to the rank of MSG
* 16 November 2006 – the applicant petitioned the Army Grade Determination Review Board (AGDRB) to be advanced on the retired list in the grade of MSG, and on 19 March 2007, the AGDRB denied his request because his records did not reflect a promotion to MSG

4.  The applicant provides an LES showing he was promoted to the rank of MSG on 1 July 1983.

5.  Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Source documents will consist of DA Form 2-1 (Personnel Qualification Records), separation orders, and any other available record.  Item 4a, enter the rank and pay grade at separation.

6.  AR 600-8-19 (Enlisted Promotions and Reductions) paragraph 4-8 states Soldiers promoted to the grade of MSG will incur a 2-year service obligation from the effective date of promotion before voluntary non-disability retirement.

7.  Title 10 USC, section 3964 states, each retired member of the Army covered by subsection (b) (warrant officers and 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.

8.  Title 10 USC, section 3961 states, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.

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 and LES, the remaining evidence in the records and the applicant’s DD Form 214.  The Board found no evidence in the records of his HQDA selection for or orders promoting him to MSG prior to his retirement.  The Board found insufficient evidence to support required service as a MSG in order to correct his retirement rank.  The Board determined that his retirement rank is not in error or unjust.  

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

: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.


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 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.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Source documents will consist of DA Form 2-1 (Personnel Qualification Records), separation orders, and any other available record.  Item 4a, enter the rank and pay grade at separation.

3.  AR 600-8-19 (Enlisted Promotions and Reductions) paragraph 4-8 states Soldiers promoted to the grade of MSG will incur a 2-year service obligation from the effective date of promotion before voluntary non-disability retirement.

4.  Title 10 USC, section 3964 states, each retired member of the Army covered by subsection (b) (warrant officers and 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.

5.  Title 10 USC, section 3961 states, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.


ABCMR Record of Proceedings (cont)	 AR20190004750
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