IN THE CASE OF: BOARD DATE: 27 October 2021 DOCKET NUMBER: AR20200009905 APPLICANT REQUESTS: correction of his record to show he was retired in the highest rank/grade satisfactorily held which was captain (CPT)/O-3. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored letter in lieu of DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active duty), ending on 30 September 2012 * Memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army * Special Orders Number 38, dated 25 February 2011 * Orders Number 152-8, dated 31 May 2012 * Orders Number 159-1, dated 7 June 2012 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 he requests to be advanced on the retired list to the highest grade that he held satisfactorily while on active duty, under the provisions of Title 10, USC, section 3964. Although he retired on 30 September 2012 in the rank/grade of master sergeant (MSG)/E-8, he previously held the grade of CPT/O-3E while on active duty. According to his calculation, as of August 2020 he has a total of 30 years of time in active service and on the retired list. He was reduced in grade at the point of retirement, since he did not complete 10 years of commissioned service prior to retiring (he only completed 5 years and 5 Months). His CPT promotion date was 18 February 2011, giving him a little over 19 months in grade before retiring. 3. A review of the applicant's official records shows the following: a. On 21 February 2006, Orders Number 52-1, issued by the National Guard Bureau (NGB), promoted the applicant to the rank of MSG, effective 17 February 2006. b. On 20 April 2007, having had prior enlisted service in the Army National Guard (ARNG), the applicant was appointed as a reserve commissioned officer and executed an oath of office. c. NGB Form 23A (ARNG Current Annual Statement) shows the highest grade held by the applicant was CPT/O-3. d. On 25 February 2011, Special Orders Number 38, issued by the NGB, extended Federal Recognition and promoted the applicant to the rank of CPT, effective 18 February 2011. e. DD Form 214 shows the applicant served on active duty for the period 20 May 2002 – 30 September 2012, when he was honorably retired for length of service in the rank of CPT. He completed 10 years, 4 months, and 11 days of net active service, with 11 years, 9 months, and 7 days of prior active service. f. The applicant's records are void of any derogatory information. 4. The applicant provides: a. Memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army showing the applicant was promoted to the rank of CPT on 18 February 2011 b. Orders Number 152-8 showing the applicant was released from active duty and placed on the retired list in the rank of CPT, effective 30 September 2012. c. Orders Number 159-1 showing Orders Number 152-8 was amended to show the applicant's retired rank as MSG. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, public law and regulatory guidance. The Board considered the applicant’s statement and his military record of service. Evidence in the record show the applicant, based on his own admission was reduced in grade at the point of retirement, since he did not complete 10 years of commissioned service prior to retiring (he only completed 5 years and 5 Months). His CPT promotion date was 18 February 2011, giving him a little over 19 months in grade before retiring. The Board found insufficient evidence to support correction to the applicant’s records. Therefore, relief was denied. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XX 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 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009905 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1