IN THE CASE OF: 

		BOARD DATE: 24 February 2023

		DOCKET NUMBER: AR20220006779


APPLICANT REQUESTS: correction to record to show he was placed on the retired list 
at age 60 in the highest grade satisfactorily held: sergeant (SGT)/E-5 instead of 
specialist (SPC)/E-4. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge), ending 27 November 1970

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 pertinent part that he would like to be retired and 
compensated from the U.S. Army Reserve (USAR) at the rank of SGT as that is the 
highest rank he held at the time of discharge from the Regular Army, even though he 
enlisted in the USAR in rank of SPC/E-4.

3.  A review of the applicant's available service records reflects the following:

	a.  On 29 November 1967, he enlisted in the Regular Army. DA Form 20 (Enlisted 
Qualification Record) reflects the grade of SGT effective 12 August 1970. 

	b.  His DD Form 214, ending 27 November 1970 shows the applicant was honorably 
released from active duty and transferred to the USAR Control Group (Reinforcement). 
Item 5a (Grade, Rate or Rank) shows "SGT."

	c.  On 24 October 1973, the Department of the Army, Office of the Adjutant General, 
U.S. Army Reserve Components Personnel and Administration Center issued Letter 
Orders Number 10-1289464 discharging him from the USAR Control Group 
(Reinforcement) in the rank of SGT.

	d.  On 6 February 1979, he enlisted in the USAR in the grade of E-4 and continued 
service through reenlistments.

	e.  On 5 March 1997, the U.S. Army Reserve Personnel Center issued a 
Memorandum Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).

	f.  On 11 March 1997, ARPC Form 249-2-E (USAR Chronological Statement of 
Retirement Points) reflects total qualifying for retirement of 20 years, 11 Months, and 29 
days at the rank of SPC.

	g.  On 20 July 1997, DA Form 4651-R (Request for Reserve Component 
Assignment or Attachment) was completed transferring him to the Retired Reserves, 
effective 1 August 1997 at the rank of SPC.

	h.  On 1 August 1997, Headquarters, U.S. Army 90th Regional Support Command 
issued Orders number 213-378 reassigning him to the USAR Control Group (Retired) 
for completion of 20 years of service.

	i.  On 27 May 2003, he completed DD Form 108 (Application for Retired Pay 
Benefits) with approval for pay from the Reserves at the rank of SPC/E-4.

	j.  On 7 November 2003, U.S Army Reserve Personnel Command, Transition and 
Separations Branch, issued:

*	Letter approving his application for retired pay under Title 10, USC, section 
12731 (Age and Service Requirements), at the rank of SPC.
*	Orders Number P11-389549 issued by the U.S. Army Reserve Personnel 
Center, St. Louis, on 7 November 2003 placed him on the retired list at age 
60 effective 27 March 2004 at the grade of SPC 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.

	a.  The applicant served in the Regular Army from 29 November 1967 to 27 
November 1970. He attained the rank of SGT/E-5 when separated from active duty. He 
then serviced in the USAR from 6 February 1979 to 1 August 1997 and transferred to 
the Retired Reserve as a SPC/E-4, after completing 20 years, 11 Months, and 29 days. 
He was ultimately placed on the retired list at age 60 on 27 March 2004 as an E-4. 

	b.  Based on law and regulation, a Reserve enlisted member of the Army who is 
retired under section 7314 of this title shall be retired in the highest enlisted grade in 
which the member served on active duty satisfactorily (or, in the case of a member of 
the National Guard, in which the member served on full-time National Guard duty 
satisfactorily), as determined by the Secretary of the Army. 

	c.  The Board determine the evidence shows the applicant served satisfactorily in 
the grade of SGT/E-5 and should be placed on the retired list at age 60 as such. 
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:

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

amending Orders Number P11-389549, issued by the U.S. Army Reserve Personnel 
Center, St. Louis, on 7 November 2003 to show he was placed on the retired list at age 
60 effective 27 March 2004 at the grade of SGT vice SPC
paying her any back retired pay as a result of this correction

	 
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 7343 (Highest grade held satisfactorily: Reserve enlisted 
members reduced in grade not as a result of the member’s misconduct) states a 
Reserve enlisted member of the Army described in subsection (b) who is retired under 
section 7314 of this title shall be retired in the highest enlisted grade in which the 
member served on active duty satisfactorily (or, in the case of a member of the National 
Guard, in which the member served on full-time National Guard duty satisfactorily), as 
determined by the Secretary of the Army. This section applies to a member who was 
previously administratively reduced in grade not as a result of the member’s own 
misconduct, as determined by the Secretary of the Army.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220006779


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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