ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 July 2019

	DOCKET NUMBER:  AR20190004814


APPLICANT REQUESTS: Correction of his record to show:

*	He was retired in the rank/grade of sergeant (SGT)/E-5 instead of corporal 
(CPL)/E-4 for retirement pay
*	he also requests a personal hearing before the Board

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), dated 
26 March 1991
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service), dated 28 September 1997
*	Orders Number C07-796103, dated 19 July 2017
*	U.S. Army Human Resources Command (HRC) letter, dated 21 July 2017

FACTS:

1.  The applicant states in the interest of justice it was established he was retired as a 
full SGT with authorized retired pay under Title 10 U.S. Code (USC), section 12731, but 
he is being paid as a retired CPL.  He believes the record is in error due to a 
typographical error linked to his Military Occupational Specialty (MOS) 88M (Motor 
Transport Operator), which went into effect 19 December 2000.

2.  A review of the applicant’s service records show the following on:
   a.	5 June 1978 – the applicant enlisted in the Arkansas Army National Guard 
(ARARNG)
   
   b.	9 February 1980 – Orders Number 1-1, issued by Company B, 3rd battalion, 
153rd Infantry, promoted the applicant to the rank/grade of specialist four (SP4)/E-4
   
   c.	12 February 1985 – Orders Number 3-1, issued by the 1122nd Transportation 
Company, Light/Medium Truck awarded the applicant MOS 64C (Motor Transport 
Specialist) and withdrew MOS 11B (Infantryman)
   
   d.	23 February 1988 – DA Form 4187 (Personnel Action) was completed requesting 
an MOS conversion to award MOS 88M as the primary MOS and withdraw MOS 64C
   
   e.	26 June 1991 – Orders Number 26-3, issued by Headquarters, 212th Signal 
Battalion awarded the applicant primary MOS 31D (Mobile Subscriber Equipment 
Transmission System Operator) and withdrew MOS 88M 
   
   f.	19 December 2000 – Orders Number 354-728, issued by Headquarters, U.S. 
Army 99th Regional Support Command promoted the applicant from the rank of CPL to 
SGT in MOS 88M, the authority was Army Regulation (AR) 140-158 (Enlisted Personnel 
Classification, Promotion, and Reduction), paragraph 3-24.  The orders state that the 
promotion is conditional, specifically that:
   
      (1)  The promotion is not valid and it will be revoked if he is not in a promotable 
status on the effective date of promotion,  
      
      (2)  The Soldier “must report for duty to fill POSN/para/line 0205-104-02 and 
serve at least 12 months in the duty position,” and
      
      (3)  This promotion is awarded with the condition the soldier must be enrolled in, 
and successfully complete the NCOES course required for the grade to which 
promoted. The soldier understands and agrees that if he or she fails to meet these 
conditions, or is subsequently denied enrollment, or becomes an academic failure, or 
does not meet graduation requirements, or is declared a No-show, the soldier is subject 
to reduction under AR 140-158, paragraph 7-12d, to the grade and rank held prior to 
this promotion.
      
   g.	8 March 2001 – Orders Number 067-733, issued by Headquarters, U.S. Army 
99th Regional Support Command revoked Orders Number 354-728 pertaining to the 
applicant’s promotion to SGT
   
   h.	28 November 2001 – the U.S. Army Reserve Personnel Command issued the 
applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) informing 
him of having completed the required years of qualifying service for retired pay 
(emphasis on the rank CPL)
   
   i.	7 January 2002 – Orders Number 02-007-041, issued by Headquarters, U.S. 
Army 99th Regional Support Command assigned the applicant to the Retired Reserve 
in the rank of CPL
   
   j.	19 July 2017 – Orders Number C07-796103, issued by HRC placed the applicant 
on the retired list in the rank of SGT and authorized pay under Title 10 USC, section 
12731
   
   k.	16 October 2017 – Orders Number C10-796103A01, issued by HRC amended 
Orders Number C10-796103 [sic] insomuch as changing his retired rank/grade from 
SGT/E-5 to CPL/E-4

3.  The applicant provides:

*	DD Form 214 showing the applicant was ordered to active duty in support of 
Operation Desert Shield/Storm
*	NGB Form 22 showing the applicant’s rank as SPC and one of his MOS’s was 
88M awarded on 1 June 1986.  It also lists his military education as Motor 
Transportation Operator Course for 6 weeks in June 1986.
*	HRC letter wherein the applicant was informed his application for retired pay was 
approved with emphasis on the rank SGT prior to his name
*	
4.  The record is void of evidence indicating the applicant attended or was enrolled in 
the Primary Leadership Development Course.

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.

6.  AR 15-185 (Army Board for Correction of Military Records (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.
7.  AR 140-158 (Army Reserve Enlisted Personnel Classification, Promotion, and 
Reduction).

	a.  Paragraph 3-24 sets forth criteria for Army Reserve enlisted promotion to SGT 
and SSG.  It states that the Soldier must be in a promotable status and that the unit 
must have a current or projected vacancy requirement and the Soldier will be promoted 
in to the vacancy.

	b.  Paragraph 8-2e sets forth the non-commissioned officer education requirements 
for promotion to SGT and states that a Soldier must be a graduate of the Primary 
Leadership Development Course.




BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board carefully considered the applicant’s 
contentions that he was retired as a full SGT with authorized retired pay at that grade 
but he is being paid as a retired CPL and that the record is in error due to a 
typographical error linked to his Military Occupational Specialty (MOS) 88M (Motor 
Transport Operator), which went into effect 19 December 2000.  However, the Board 
found that the record contains orders rescinding the promotion orders to SGT/E-5, 
which reverted the applicant back to the rank/grade of SPC/E4, in accordance with 
regulatory guidelines.  The applicant’s promotion orders 354-728, dated 19 December 
2000 state that the promotion is not valid and it will be revoked if he is not in a 
promotable status on the effective date of promotion and is conditional upon the Soldier 
completing the required NCOES.  The record is void of and the applicant did not provide 
evidence that he completed the required NCOES.  The preponderance of evidence in 
the record does not support the applicant’s contention that his promotion was 
erroneously revoked.  Therefore, the Board found no basis to grant relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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 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.

2.  AR 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.

3.  AR 140-158 (Army Reserve Enlisted Personnel Classification, Promotion, and 
Reduction), paragraph 3-24 sets forth criteria for Army Reserve enlisted promotion to 
SGT and SSG.  It states that the Soldier must be in a promotable status and that the 
unit must have a current or projected vacancy requirement and the Soldier will be 
promoted in to the vacancy.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190004814
	
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