IN THE CASE OF: BOARD DATE: 28 February 2023 DOCKET NUMBER: AR20220007675 APPLICANT REQUESTS: in effect – * his retirement grade to show his highest grade held as sergeant first class (SFC)/E-7 * retirement pay at the grade of SFC/E-7 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) ending on 1 September 2001 * Orders Number 241-030, 29 August 2006 * NGB Form 22A (Correction to NGB Form 22), 29 August 2006 FACTS: 1. The applicant states his retirement pay should be at E-7, not E-6. Due to the amount of time, he served in the rank of SFC/E-7. His highest rank achieved during his 20 plus years served was SFC/E-7. He was promoted to SFC/E-7 on 19 June 1997. He took a voluntary reduction to staff sergeant (SSG)/E-6 on 22 August 2001. He put in his retirement within 30 days of that date due to opening his slot to promote his subordinate SSG for his replacement. He is trying to receive his proper pay in retirement benefits. He has already verified with Army Command Center and Defense Finance and Accounting Service (DFAS). 2. A review of the applicant's official military records show the following: a. He was born on. He enlisted in the Ohio Army National Guard (OHARNG) on 16 March 1979. b. He served through multiple extensions in a variety of staff or leadership positions. c. On 19 May 1999, the applicant was issued a Notification of Eligibility for Retired Pay at Age 60 letter (20-Year Letter). d. His NGB Form 23B (ARNG Retirement Points History Statement) shows, in pertinent part, he had 20 years total creditable service for retired pay. e. His record contains a DA Form 2166-7 (Noncommissioned Officer Evaluation Report) covering the period of October 1999 to September 2000 that shows he was rated in the rank of SFC, and his Date of Rank (DOR) was 1 July 1997. f. Adjutant General's Department, OHARNG issued Orders 163-087, on 22 August 2001, reducing the applicant from SFC to SSG, effective 22 August 2001. The orders show the reason for reduction was "voluntary." g. On 1 September 2001, the OHARNG, Headquarters 1-107th Armor Battalion, 37th Armored Brigade, issued orders transferring the applicant to "M1 Abrams Systems Mechanic, A Company, 1-107th Armor Battalion." His rank was listed as SSG. h. NGB Form 22 shows the applicant was honorably released from the OHARNG and transferred to the Retired Reserve on 1 September 2001. He completed 22 years, 5 months, and 16 days net service this period with the same amount of time total service for pay and retired pay. Item 5a (Rank) and 5b (Pay Grade) show SSG/E-6 and item 6 (DOR) shows 1 November 1984. i. On 1 March 2002, Adjutant General's Department, OHARNG issued Orders 041- 138 discharging the applicant from the ARNG and assigning him to the U.S. Army Reserve Control Group (Retired) Army Reserve Personnel Command, effective 1 September 2001. The orders show the reason for discharge and assignment was based on the applicant's request. His rank was listed as SSG. j. On 29 August 2006, Adjutant General's Department, OHARNG issued Orders Number 241-030 promoting him to SFC/E-7, effective 30 August 2001, and with a DOR of 1 July 1997. The orders also amended Orders 041-138 dated 1 March 2002 to show his rank as SFC. k. Also on 29 August 2006, the applicant was issued an NGB Form 22A (Correction to NGB Form 22) that amended his rank/grade from SSG/E-6 to SFC/E-6 and his date of rank from 1 November 1984 to 1 July 1997. l. On 29 September 2021, the U.S. Army Human Resources Command, Fort Knox, KY, published Orders C09-196628 retiring the applicant and placing him on the retired list in the retired grade of SSG/E-6, effective, his 60th birthday. m. The applicant's records are void of any disciplinary action justifying a reduction in rank. 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 ARNG from 16 March 1979 to 1 September 2001. According to his NCOER for the rating period October 1999 through September 2000 he was rated in the rank of SFC, and his DOR was 1 July 1997. On 22 August 2001, OHARNG published orders reducing the applicant from SFC to SSG, effective 22 August 2001. The orders show the reason for reduction was "voluntary." He was ultimately transferred to the Retired Reserve on 1 September 2001, as SSG/E-6. He provides orders issued by OHARNG, on 29 August 2006, promoting him to SFC/E-7, effective 30 August 2001, and with a DOR of 1 July 1997. The orders also amended Orders 041-138 dated 1 March 2002 to show his rank as SFC. He also provides an NGB Form 22A amending his NGB Form 22 to show his rank/grade as SFC/E-7. b. As he neared age 60, he applied for retired pay and HRC published orders placing him on the retired list in the retired grade of SSG/E-6, effective his 60th birthday. Based on law and regulation, a Reserve enlisted member of the Army who is retired under 10 USC 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. The Board determined the evidence shows the applicant served satisfactorily in the grade of SFC/E-7. His reduction to SSG was not for cause, misconduct, or inefficiency. It was voluntary. The Board determined the applicant’s records should be corrected to place him on the retired list at age 60 as SFC/E-7. ? 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: 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: * amending Orders Number C09-196628, issued by the U.S. Army Human Resources Command on 29 September 2021 to show he was placed on the retired list at age 60 effective at the grade of SFC vice SSG * 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. Army Regulation 135-180 (Retirement for Non-Regular Service) implements statutory authorities governing the granting of retired pay for non-regular service to Soldiers in the Army National Guard (ARNG), Army National Guard of the United States (ARNGUS) or the U.S. Army Reserve (USAR). a. Paragraph 4-6 (Computation of Retired Pay), in pertinent part, provides that if a Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, the retired grade will be that grade which a commissioned officer or enlisted Soldier held while on active duty or in an active reserve status for at least 185 days or 6 calendar months. b. Paragraph 4–7 (Date retired pay begins) states, retired pay will begin on the day in which the individual meets the requirements for age and service or the first day of any later month that the retiree may elect on the application form (DD Form 108). c. Table 4-2 (Rules for Highest Grade Held timelines) provides that an enlisted Soldier in the rank of SSG and below must serve for 1 year as a SSG (voluntary retirement) or 185 days if involuntarily retired. A SFC or above must serve for 3 years as a SFC (voluntary retirement) or 185 days if involuntarily retired. 2. Title 10, United States Code, section 7343 states (a) 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. (b)This section applies to a Reserve enlisted member who— (1) at the time of retirement is serving on active duty (or, in the case of a member of the National Guard, on full-time National Guard duty) in a grade lower than the highest enlisted grade held by the member while on active duty (or full-time National Guard duty); and (2) was previously administratively reduced in grade not as a result of the member’s own misconduct, as determined by the Secretary of the Army. 3. Title 10, United States Code, §12731. Age and service requirements, states (a) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person- * is at least 60 years of age; * has performed at least 20 years of service computed under section 12732 of this title; * performed the last eight years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and * is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. 4. Title 10, United States Code, § 7314 - Twenty to thirty years: enlisted members, states under regulations to be prescribed by the Secretary of the Army, an enlisted member of the Army who has at least 20, but less than 30, years of service computed under section 7325 of this title may, upon his request, be retired. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007675 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1