IN THE CASE OF: 

		BOARD DATE: 14 February 2023

		DOCKET NUMBER: AR20220007275


APPLICANT REQUESTS:  correction to his military service record to reflect Highest 
Grade Held of sergeant (SGT)/E-5. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record)

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 from the 
National Guard at the rank of SGT as that is the highest rank he held even though he 
was reduced in rank to Specialist Four (SP4)/E-4 after his promotion.

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

a.	His record is void of his initial enlistment.

   b.	DD Form 214 (Report of Separation from Active Duty) shows he entered active 
duty on 13 November 1973 and was honorably discharged for immediate reenlistment 
on 12 August 1976. Item 18 (Record of Service) shows he completed 2 years and 9 
months of net active service.

   c.	On 13 August 1976, he reenlisted in the Regular Army at the rank of (SP4)/E-4.

d.	DA Form 2-1 (Personnel Qualification Record – Part II), item 18 (Appointments 
and Reductions) reflects:

(1)	On 1 January 1975 he was promoted to the rank of SP4.

(2)	On 12 June 1978 he was promoted to the rank of SGT.
(3)	On 17 May 1979 he was reduced to the rank of SP4.

e.  The applicant's records are void of documents pertaining to his reduction in rank.

   f.  DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 
12 August 1982 reflects an honorable discharge for completion of required active 
service expiration of term of service, at the rank of SP4. He completed 6 years of 
service.

g.  On 24 July 1989, he enlisted with the California Army National Guard (CAARNG) 
at the rank of SPC/E-4 and continued service through reenlistments.

   h.  On 28 May 2002, Office of the Adjutant General, California National Guard issued 
Memorandum Notification of Eligibility for Retired Pay at Age 60.

i.  On 23 March 2016, he submitted DD Form 108 (Application for Retired Pay 
Benefits) and correlating documents requesting retired pay.

  j.  On 8 April 2016, the U.S. Army Human Resources Command issued Orders 
Number C04-693113 retiring him at the rank of SPC, effective 31 December 2015.

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. The 
Board noted that the applicant was promoted to SGT/E-5 on 12 June 1978. However, 
he was also reduced to SP4 on 17 May 1979. It is unknown why he was reduced or 
whether his service in the grade of SGT/E-5 was satisfactory. In the absence of all the 
facts surrounding his service in the grade of SGT and all the facts surrounding his 
reduction to SPC/E-4, the Board determined there is insufficient evidence to grant him 
the requested relief. 
?
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 (Higher Grade after 30 Years of Service: Warrant 
Officers and Enlisted Members) provides that each retired member of the Army 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 as determined by the 
Secretary of the Army. This section applies to Warrant Officers, Enlisted Soldiers of the 
Regular Army and Reserve Enlisted Soldiers 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).

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220007275


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1