IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220006659 APPLICANT REQUESTS: amendment of his final DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his retirement at the highest grade held of Major (MAJ)/O-4. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter to Board * 2 x DD Forms 214 (Certificate of Release or Discharge from Active Duty) * 2 x DD Forms 363A (Certificate of Retirement) * Army Grade Determination Board Review letter * Retired Identification Card FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 his application and letter to the Board, in effect: a. He is requesting amendment of his DD Form 214 to reflect his retirement at the highest grade he held of MAJ/O-4. He is requesting the correction so all of his military documents are the same. b. He was discharged from active duty with the U.S. Army as a MAJ on 30 September 1980. He was retired from active duty with the U.S. Army in the rank of Chief Warrant Officer 4 (CW4) on 30 November 1995. c. As a result of a U.S. Army Review Board action, he was retired from the U.S. Army on 4 September 2004, in the rank of MAJ. He also received a new DD Form 363A (Certificate of Retirement) to reflect the rank of MAJ. 3. The applicant's service record contains the following documents for the Board's consideration: a. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 29 June 1967, which shows he entered active duty on 27 June 1966 and was discharged from the Army in the rank/grade of specialist five (SP5)/E-5 on 29 June 1967. He completed 1 year and 3 days of active duty service. b. DA Form 71 (Oath of Office Military Personnel), which shows on 30 June 1967 the applicant was appointed as a Reserve warrant officer and completed the oath of office as a WO1. c. A memorandum dated 9 July 1969, subject Approval of Extension of Service, which states the applicant's request for retention on active duty was approved. The applicant was in the rank of Chief Warrant Officer Two (CW2). d. A statement of declination, dated 7 October 1969, states the applicant had been advised of his tentative selection for appointment as a first lieutenant (1LT). Because of compelling reasons, at that time, he desired to decline such appointment. He understood if he desired such appointment in the future, he must apply through military channels. e. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 19 April 1970, which shows the applicant entered active duty on 30 June 1967. He was discharged from the Army for appointment as a commissioned officer. He was discharged in the rank of CW2. He completed 2 years, 9 months, and 20 days of active duty service with 1 year and 3 days of other service. f. DA Form 71 which shows he completed the oath of office as a Reserve commissioned officer in the rank/grade of first lieutenant (1LT)/O-2 on 20 April 1970. g. A memorandum dated 7 January (year illegible) states the applicant's request for retention on active duty was approved. h. A document entitled Computation of Officer's Service, dated 31 January 1971 shows the applicant had enlisted time in the regular Army from 27 June 1966 to 29 June 1967 and was a warrant officer in the U.S. Army Reserve (USAR) from 30 June 1967 to 31 January 1970. i. A memorandum subject request for release from active duty shows the applicant, in the rank/grade of captain (CPT)/O-3 requested release from active duty, effective 1 August 1978. j. A Memorandum, Subject: release from active duty states the applicant's request for release from active duty was not considered because the reasons contained in the request were not sufficient to justify a waiver of his remaining service obligation. k. DD Form 214 shows the applicant entered active duty on 19 April 1970 and was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) in the rank of MAJ on 30 September 1980. He completed 10 years, 5 months, and 12 days of active service this period with 3 years, 9 months, and 22 days of prior active duty service. l. Orders Number 3-17 published by the State of Idaho, Military Division, dated 16 January 1986 appointed the applicant in the Army National Guard (ARNG) in the rank of CW2, effective 16 January 1986. m. NGB Form 337 (Oaths of Office) shows the applicant completed the oath of office in the rank of CW2 on 16 January 1986. n. Special Orders Number 67, published by the NGB, dated 8 April 1986, shows the applicant was appointed as a CW2 in the National Guard due to transfer from the USAR, effective 16 January 1986. o. DA Form 71 shows the applicant competed the oath of office as a CW2 on 2 January 1987. p. The applicant entered active duty, as a member of the ARNG, on 13 February 1989. q. Special Orders Number 41, published by the NGB, dated 1 March 1990 shows the applicant was promoted to the rank of Chief Warrant Officer Three (CW3), effective 29 March 1990. r. Special Orders Number 27, published by the NGB, dated 22 March 1995 shows the applicant was promoted to Chief Warrant Officer Four (CW4), effective 30 March 1995. s. The applicant honorably retired on 30 November 1995. His DD Form 214 for this period shows he completed 6 years, 9 months, and 18 days of active service and 14 years, 5 months, and 9 days of prior active service. This DD Form 214 shows in: * Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) CW4/W4 * Block 12h (Effective Date of Pay Grade) 30 March 1995 t. A memorandum from the Army Review Boards Agency, dated 14 July 2004, shows on 2 February 2004, the Army Grade Determination Review Board (AGDRB) determined the applicant's highest grade in which he served satisfactorily for the purpose of computation of retired pay was CPT/O-3. On 14 July 2004, another AGDRB convened after it was discovered an error had been made during the 2 February 2004 Board. This Board determined the highest grade in which the applicant served satisfactorily for the purpose of computation of retired pay was MAJ/O-4. u. A DA Form 3713 (Data for Retired Pay), dated 14 September 2004 shows the applicant's retired grade was CW4 and his retired pay was as a MAJ. The purpose of the form was advancement in grade on retired list. v. A memorandum for the Army Review Boards Agency, from the U.S. Army Human Resources Command (HRC), dated 14 September 2004 states the recommendation of the Board had been accomplished. The advancement of the applicant on the retired list to the grade of MAJ, effective 4 September 2004, had been sent to Defense Finance and Accounting Service. w. A letter from the U.S. Army Reserve Personnel Command, to the applicant, dated 14 September 2004, informed the applicant he had been advanced on the retired list, effective 4 September 2004, to the grade of MAJ, the highest active duty grade he satisfactorily held. 4. The applicant provides the following documents, not previously considered, for the Board's consideration: a. A DD Form 363A which shows the applicant was retired in the rank of CW4 on 13 November 1995. b. A DD Form 363A which shows the applicant was retired in the rank of MAJ on 4 September 2004. c. A copy of the applicant's DD Form 2 (Retired Identification Card). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. When the applicant retired on 30 March 1995, he held the rank of CW4 on the date of retirement. He did not hold the rank of MAJ. The DD Form 214 reflects the facts and circumstances at the time it was prepared. However, since he also held the rank of MAJ, the AGDRB convened and determined the highest grade in which the applicant served satisfactorily for the purpose of computation of retired pay was MAJ/O-4, effective 14 September 2004. This determination and/or computation has no impact on his previously-issued DD Form 214. 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. 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: 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. b. Subsection (b); this section applies to (1) warrant officers of the Army;(2) enlisted members of the Regular Army;?and (3) 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). 3. Title 10, USC, section 7344 (Higher Grade after 30 years of service) states 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. (b) This section applies to- * warrant officers of the Army; * enlisted members of the Regular Army; and * 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) 4. Army Regulations 635-5 (Separation Documents), in effect at the time, states for item 4a (Grade, Rate, or Rank) enter active duty grade or rank and pay grade at time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006659 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1