ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20190010619 APPLICANT REQUESTS: Correction of his NGB Form 22 (Report of Separation and Record of Service) to reflect the pay grade of O-3E (Captain with at least 4 years of prior service as an enlisted Soldier before becoming an officer). He also requests a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 22 * DA Form 2139 (Military Pay Voucher) * Retired Pay Account Statement * Self-Authored letter to the Defense Finance and Accounting Services (DFAS) center * Application for Retired Pay Benefits * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 that the pay grade reflected on his NGB Form 22 is incorrect. At the time of his separation, his actual pay grade was O3E indicative of his prior enlisted service. He contests that his historical pay documents were correct at the time of his separation. He has previously sought assistance to investigate the pay amount differences to no resolve. He served in the Air Force as an enlisted service member for over 8 years prior to being commissioned in the Army National Guard (ARNG). He served in the ARNG for over 10 years prior to his retirement. DFAS has informed him that his records need to be corrected; however, they have not provided specific guidance. 3. A review of the applicant’s available service records reflects the following on: * 13 April 1983 – he enlisted in the ARNG at the rank of sergeant (SGT/E-5) after serving over 8 years in the Air Force * 11 July 1983 – he applied for commission in the ARNG * 18 January 1985 (Special Order# 13 AR) – he was extended Federal Recognition for Initial Appointment as a second lieutenant (2LT) in the ARNG * 28 February 1985 – his oath of office was administered at the rank of 2LT * 12 August 1987 (Order# 165-25) – he was promoted to first lieutenant with a date of rank of 7 September 1987 * 17 April 1990 (Special Order# 74 AR) – he was extended Federal Recognition for his promotion to captain (CPT) effective 19 March 1990 * 19 January 1995 (Order# 16-24) – he was released from the ARNG and transferred into the Army Reserve Control Group (Reinforcement) effective 1 January 1995 * 17 March 1995 (Special Order# 25 AR) – his Federal Recognition within the ARNG was withdrawn and he was officially transferred into the Army Reserve for Retirement effective 1 January 1995 * 26 March 2013 (Order# C03-392535) – he was placed on the retired list effective 22 April 2013 with a retired grade of CPT 4. The applicant provides the following documents a: * NGB Form 22 dated 1 January 1995 - reflective of O-3 as his pay grade * DA Form 2139 (Military Pay Voucher) dated 27 June 1988 – reflective of O-2E as his pay grade * Retired Pay Account Statement dated 26 April 2013 – reflective of CPT as his retired pay rank; payment rate is based on that of a CPT with 22 years of service * Self-Authored letter to the Defense Finance and Accounting Services (DFAS) center dated 5 May 015 – reflective of his communication to DFAS regarding his retirement points and pay grade; CPT (O-3) pay without prior enlisted service at $1873 per month and CPT (O-3E) pay with previous enlisted service at $1999 per month * Application for Retired Pay Benefits dated 22 April 2013 – reflective of O-3E as the highest grade that he held while serving in the military * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 19 June 1980 – reflective of 8 years, 9 months and 17 days of enlisted service within the Air Force; separated at the rank of Staff Sergeant (SSGT) /E-5 5. See applicable guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted as recommended in the Board Determination and Recommendation below. 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 required to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 showing on his NGB Form 22 for the period ending 1 January 1995, in the Pay Grade box, the pay grade of O-3E. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to a personal appearance before the Board. 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 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. 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. 3. DOD FMR 7000.14-R (Financial Management Regulation) states that Reserve Officers unless entitled to a higher grade, or to credit for satisfactory service in a higher grade under some other provision of law, a member who becomes entitled to a non- Regular Reserve retirement will, upon application, receive credit for satisfactory service in the highest grade held in the Armed Forces, as determined by the Secretary of the Army. Section 010203 (Service Counted), section 2 (Creditable Prior Enlisted Service), states that commissioned officers in pay grades O-1, O-2, or O-3 who are credited with over 4 years (i.e., at least 4 years and 1 day) of prior active service as an enlisted member are entitled to the special rate of basic pay for pay grade O-1E, O-2E, or O-3E. 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. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190010619 5 1