ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF: 
BOARD DATE: 13 January 2022 
DOCKET NUMBER: AR20210011721 
APPLICANT REQUESTS: correction of his records to show he was placed on the retired list in the rank/grade of captain (CPT)/O-3E vice sergeant first class (SFC)/E-7. 
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), ending on 2 December 1992 
. DD Form 214, ending on 10 May 2004 
. DD Form 214, ending on 19 April 2007 
. State of Idaho Orders Number 251-031 
. National Guard Bureau (NGB) Special Orders Number 53 
. Special Orders Number 86 
. Special Orders Number 117 
. State of Idaho Orders Number 017-164 
. State of Idaho Orders Number 038-103 
. DD Form 214, ending on 31 May 2020 
. DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 31 August 2020 
. DD Form 215, dated 28 September 2020 
. Certificate of Retirement, dated 31 May 2020 
. State of Idaho Orders Number 220-019 
. Retiree account statement 
FACTS: 
1. The applicant states he requests to be placed on the retired list in his highest rank satisfactory held of CPT/O-3E in the Idaho Army National Guard (IDARNG) as an Active Guard/Reserve (AGR) Soldier. He was informed 1 year prior to his retirement by more than one Human Resources/Administrative personnel that he would receive retirement pay for a CPT/O-3 with 20 years of active Federal service (AFS), 8 years in M-Day status, and 2 years in the Individual Ready Reserve. The applicant would have remained in the service had he known he would be receiving retirement pay for a SFC/E-7. 
2. A review of the applicant's service record shows: 
a. 
With prior enlisted service in the U.S. Air Force, the applicant enlisted in the ARNG on 29 June 1995 in the rank/grade of private first class (PFC)/E-3. 

b. 
The applicant extended his enlistment in the ARNG on 26 May 1998 in the rank/grade of specialist (SPC)/E-4. 

c. 
The applicant extended his enlistment in the ARNG on 11 June 2001 in the rank/grade of sergeant (SGT)/E-5. 

d. 
On 13 December 2002, Orders Number 347-502, issued by the South Dakota Office of the Adjutant General, promoted the applicant to the rank of SSG, effective 15 November 2002. 

e. 
On 23 January 2003, Orders Number 023-396, issued by the South Dakota ARNG, ordered the applicant to active duty in support of Operation Enduring Freedom in the rank of SSG, effective 24 January 2003. 

f. 
The applicant was honorably released from active duty on 10 May 2004. The DD Form 214 issued at that time shows the applicant completed 1 year, 3 months, and 17 days of active service with 4 years, 3 months, and 27 days of prior active service and 11 years, 3 months, and 17 days of prior inactive service. It also shows in items: 

. 
4a (Grade, Rate, or Rank) – SSG 

. 
4b (Pay Grade) – E6 

. 
12h (Effective Date of Pay Grade) – 15 November 2002 



g. 
The applicant extended his enlistment in the ARNG on 22 June 2005 and 4 August 2007 in the rank of SSG. 

h. 
On 1 October 2005, Orders Number 204-009, issued by the State of Idaho, ordered the applicant to active duty in support of Operation Enduring Freedom in the rank of SSG effective 22 October 2005. 

i. 
The applicant was honorably released from active duty on 19 April 2007. DD Form 214 shows the applicant completed 1 year, 5 months, and 28 days of active service with 4 years, 3 months, and 27 days of prior active service and 11 years, 3 months, and 17 days of prior inactive service. It also shows in items: 

. 4a – SSG . 4b – E6 

j. 
On 25 May 2007, Orders Number 421-020, issued by the State of Idaho, ordered the applicant to full time National Guard duty in an AGR status in the rank of SSG, effective 1 June 2007. 

k. 
On 1 June 2007, Orders Number A-06-713136, issued by the U.S. Army Human Resources Command, ordered the applicant to active duty for Operational Support in support of Operation Enduring Freedom in the rank of SSG, effective 6 June 2006, which was amended to read effective 6 July 2006. 

l. 
On 10 August 2007, Orders Number 432-021, issued by the State of Idaho, promoted the applicant to the rank of SFC, effective 4 June 2007, under the provisions of Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 7-20. 

m. 
On 14 May 2010, Orders Number 420-013, issued by State of Idaho, continued the applicant in an AGR status. 

n. 
On 11 August 2010, Orders Number 436-004, issued by State of Idaho, continued the applicant in an AGR status. 

o. 
The applicant extended his enlistment in the ARNG on 2 November 2010 in the rank of SFC. 

p. 
On 22 July 2011, Orders Number 203-052, issued by the State of Idaho, ordered the applicant to full-time National Guard duty in an AGR status, effective 9 August 2011 for a new AGR tour. 

q. 
The applicant was honorably discharged from the ARNG on 5 September 2012 in the rank of SFC for appointment as a commissioned officer. The NGB Form 22 (Report of Separation and Record of Service) issued at that time shows the applicant completed 17 years, 2 months, and 7 days of service, with 2 years, 6 months, and 26 days of prior Reserve Component service, and 2 years, 8 months, and 25 days of prior active service. 

r. 
On 6 September 2012, the applicant was appointed as a Reserve commissioned officer and executed an oath of office in the rank/grade of second lieutenant (2LT)/O-1. 

s. 
On 7 September 2012, Orders Number 251-031, issued by the State of Idaho, honorably discharged the applicant from the ARNG in the rank of SFC, effective 5 September 2012. 

t. 
On 21 September 2012, Orders Number 265-029, issued by the State of Idaho, ordered the applicant to full time National Guard duty in an AGR status in the rank of 2LT, effective 6 September 2012 for an initial AGR tour. 

u. 
On 19 February 2013, Special Orders Number 53, issued by the NGB, extended the applicant Federal recognition in the ARNG for initial appointment, effective 6 September 2012 in the rank of 2LT with the Date of Rank (DOR) of 6 September 2012. 

v. 
On 7 March 2014, Orders Number 066-079, issued by the State of Idaho, promoted the applicant to the rank/grade of first lieutenant (1LT)/O-2E, effective 6 March 2014. 

w. 
On 7 April 2014, the NGB notified the applicant of his promotion to 1LT/O-1 as a Reserve commissioned officer. Special Orders Number 86, issued by the NGB, extended Federal recognition effective 6 March 2014 with a DOR of 6 March 2014. 

x. 
On 7 August 2015, Orders Number 219-048, issued by the State of Idaho, continued the applicant in an AGR status in the rank of 1LT. 

y. 
On 18 November 2016, Orders Number 323-065, issued by the State of Idaho, promoted the applicant to the rank/grade of CPT/O-3E, effective 17 November 2016. 

z. 
On 13 June 2017, the NGB notified the applicant of his promotion to CPT/O-3 as a Reserve commissioned officer. Special Orders Number 117, issued by the NGB, extended Federal recognition with a DOR of 1 June 2017. 


aa.  On 17 January 2020, Orders Number 017-164, issued by the State of Idaho, released the applicant from active duty and transferred him to the Retired Reserve in the rank of CPT/O-3, effective 31 May 2020 under the provisions of Title 10, United States Code (USC), section 3911. 
bb.  On 7 February 2020, Orders Number 038-100, issued by the State of Idaho, revoked Orders Number 017-164 pertaining to the applicant's retirement. 
cc. On 7 February 2020, Orders Number 038-101, issued by the State of Idaho, restored the applicant's rank to SFC/E-7, effective 31 May 2020. Additional instructions stated the "restoration of highest held enlisted grade for retirement pay. Under provisions of Title 10, USC, chapter 367, a commissioned officer must have been in active status for a minimum of 10 years in order to retire as a commissioned officer. Commissioned active service attaining the rank of CPT/O-3 was 7 years, 8 months, and 21 days. Soldier is therefore not entitled to retention of rank as CPT." 
dd. On 7 February 2020, Orders Number 038-103, issued by the State of Idaho, released the applicant from active duty in the rank of SFC/E-7, effective 31 May 2020 and transferred him to the Retired Reserve. 
ee.  The applicant was honorably retired from active duty on 31 May 2020. The DD Form 214 issued at that time shows the applicant completed 13 years of active service. It also shows in items: 
. 
4a – SFC . 4B – E7 . 12h – 1 June 2017 

. 
18 (Remarks) – Retired List Grade SFC 

. 
23 (Type of Separation) – Retirement 

. 
25 (Separation Authority) – AR 635-200 (Active Duty Enlisted Administrative Separations), chapter 12 

. 
28 (Narrative Reason for Separation) – Sufficient Service for Retirement 


ff.  On 31 August 2020, the applicant's DD Form 214 for period of service ending 31 May 2020 was corrected via a DD Form 215: 
. 
4a -As Reads:  SFC; How Changed:  CPT 

. 
4b -As Reads:  E07: How Changed: O03 

. 
25 -As Reads:  AR 635-200, chapter 12; How Changed:  AR 600-8-24 (Officer Transfer and Discharges) 

. 
27 (Reentry Code) -As Reads:  4R; How Changed: Not Applicable 

. 
28 – As Reads:  Sufficient Service for Retirement; How Changed: Completion of Required Active Service 


gg.  On 28 September 2020, the applicant's DD Form 214 for the period of service ending 31 May 2020 was correct via a DD Form 215: 
. 
4a -As Reads:  SFC; How Changed:  CPT 

. 
4b -As Reads:  E07: How Changed:  O03 

. 
25 -As Reads:  AR 635-200, Chapter 12; How Changed:  AR 600-8-24 

. 
27 -As Reads: 4R; How Changed: N/A 


hh.  The applicant was honorably retired from the ARNG on 31 May 2020 and was transferred to the U.S. Army Reserve (USAR) Control Group (Retired Reserve). The NGB Form 22 issued at that time shows the applicant completed 7 years, 8 months, and 25 days of service. 
ii. On 6 June 2020, Orders Number 438545, issued by the IDARNG, demoted the applicant to the rank of SFC/E-7 with the demotion rank entry date of 31 May 2020 and the demotion grade entry date of 1 June 2017. 
jj.  On 7 June 2020, Orders Number 439282, issued by the IDARNG, transferred the applicant in the rank of SFC/E-7 to the Retired Reserve with the reenlistment eligibility 
code of 4R due to retirement for 20 years of active federal service regular retirement effective 31 May 2020. 
kk.  On 7 July 2020, the applicant's NGB Form 23A (ARNG Current Annual Statement) shows the highest grade held was O-3E with 27 years, 2 months, and 23 days of creditable serve for retirement pay. 
ll. On 7 August 2020: 
(1) 
Orders Number 220-015, issued by the State of Idaho, revoked Orders Number 038-101 pertaining to the applicant's restoration of grade. 

(2) 
Orders Number 220-017, issued by the State of Idaho, revoked Orders Number 038-103 pertaining to the applicant's retirement. 

(3) 
Orders Number 220-019, issued by the State of Idaho, retired the applicant from active duty in the rank of CPT/O-3, effective 31 May 2020 and transferred him to the Retired Reserve. 

(4) 
Orders Number 220-020, issued by the State of Idaho, restored the applicant's rank to SFC/E-7, effective 1 June 2020. Additional instructions stated under provisions of Title USC, section 367, a commissioned officer must have been in active status for a minimum of 10 years in order to retire as a commissioned officer. Commissioned active service attaining the rank of CPT/O-3 was 7 years, 8 months, and 21 days. Soldier is therefore not entitled retention of rank of CPT. 


mm. On 21 August 2020, Orders Number 234-006, issued by the State of Idaho, amended Orders Number 220-019 pertaining to the applicant's retirement to show: 
. 
As reads: Retired grade of rank: CPT/O3 

. 
How changed: Is amended to read: Retired grade of rank: SFC/E7 


nn.  On 22 September 2020, Special Orders Number 272, issued by the NGB, withdrew the applicant's Federal recognition due to transfer to the USAR Control Group (Retired Reserve), effective 31 May 2020. 
oo.  On 30 November 2020, Orders Number 439282, issued by the IDARNG, revoked Orders Number 439282 pertaining to the applicant's transfer to the Retired Reserve. 
pp.  On 1 December 2020, Orders Number 848329, issued by the IDARNG, transferred the applicant in the rank of SFC/E-7 to the USAR Control Group (Retired 
Reserve) with the reenlistment eligibility code of 3 due to retirement for 20 years of active federal service regular retirement effective 31 May 2020. 
3. The applicant provides: 
a. Certificate of Retirement, dated 31 May 2020 showing his rank as CPT. 
b. Retiree account statement showing his rank as SFC and gross pay in the amount of $3,139.00 per month with final pay after all deductions in the amount of $1,969.52. 
BOARD DISCUSSION: 
1. 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. 

2. 
The Board found the applicant had insufficient years of commissioned service to be placed on the retired list in the rank of CPT when he retired in 2020.  The Board determined his retired list grade is not in error or unjust. 

3. 
The applicant is advised that he may apply to the Army Grade Determination Review Board to be advanced to the highest grade held satisfactorily when his active duty time plus his time on the retired list equals 30 years.  Instructions on how to apply are available at https://arba.army.pentagon.mil/agdrb-overview.html. 


BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. 
X 
CHAIRPERSON 
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 3911 (Twenty years or more: Regular or Reserve commissioned officers), the Secretary of the Army may, upon the officer's request, retire a Regular or Reserve commissioned officer of the Army who has at least 20 years of service, at least 10 years of which have been active service as a commissioned officer. The Secretary of Defense may authorize the Secretary of the Army, during the period specified in paragraph (2), to reduce the requirement for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary of the Army) of not less than 8 years. The period specified in this paragraph is the period beginning on 7 January 2011, and ending on 30 September 2018. 

2. 
Title 10, USC, section 3964 (Higher grade after 30 years of service: warrant officers and enlisted members), (a) each retired member of the Army covered by subsection (b) who 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 (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army. This section applies to: 

. 
warrant officers of the Army 

. 
enlisted members of the Regular Army 

. 
Reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty) 




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