IN THE CASE OF: BOARD DATE: 21 JULY 2009 DOCKET NUMBER: AR20090010694 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his request to have his records corrected to show that he was retired in the pay grade of E-8. 2. The applicant states, in effect, that he was transferred to the Retired Reserve in the pay grade of E-8 on 30 November 1998 after having served as a first sergeant for 16 months. He goes on to state that he was paid in the pay grade of E-8 while in the U.S. Army Reserve (USAR); however, when he became eligible to receive his Retired Pay, he was paid in the pay grade of E-7 and he has been unable to get his pay grade changed to the pay grade of E-8. 3. The applicant provides a copy of his orders promoting him to the pay grade of E-8, a copy of orders transferring him to the Retired Reserve in the pay grade of E-8, a copy of orders ordering him to active duty for special work (ADSW) in the pay grade of E-8, copies of seven leave and earnings statements, a copy of his request to be transferred to the Retired Reserve, a copy of a DD Form 1172 (Application for Uniformed Services Identification Card - DEERS Enrollment), and a copy of his DA Form 2A (USAR) (Personnel Qualification Record (Enlisted)). CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080003492 on 5 June 2008. 2. The applicant was born on 21 December 1947 and was inducted into the Army of the United States on 28 May 1968. He completed his training as a light weapons infantryman and served a tour in Vietnam before being honorably released from active duty on 27 May 1970 due to the expiration of his term of service. He was transferred to USAR Control Group (Annual Training) until he was honorably discharged on 1 May 1974. 3. He enlisted in the USAR on 11 March 1980 and served as a motor transport operator in a USAR unit in Kingsport, Tennessee throughout his entire Reserve career. He served in Southwest Asia in support of Operation Desert Shield/ Storm from 5 January 1991 to 25 June 1991 and he was promoted to the pay grade of E-8 on 29 July 1997. He served as the unit first sergeant from the date he was promoted until the date he was transferred to the USAR Control Group (Retired) on 30 November 1998, in the pay grade of E-8. The leave and earnings statements he provided show he was paid as an E-8 during that period. 4. The applicant's 20-year letter is dated 15 April 1998 and his ARPC Form 249-2-E (Chronological Statement of Retirement Points), dated 17 April 1998, shows that he had 20 creditable years of service for retirement; however, it indicates his pay grade is E-7. 5. The Board previously considered the applicant's case and denied his request to be placed on the Retired List in the pay grade of E-8; however, the Board did not have his actual records at the time and relied on information contained in his electronic records, which did not contain sufficient information to grant the applicant's requested relief. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should be placed on the Retired List in the pay grade of E-8 has been noted and found to have merit. 2. The applicant was promoted to the pay grade of E-8 on 29 July 1997 and he served as the unit first sergeant until he was transferred to the USAR Control Group (Retired) on 30 November 1998. 3. At the time he was transferred to the USAR Control Group (Retired), he was being paid in the pay grade of E-8 and thus he is entitled to be placed on the Retired List in that pay grade. He became eligible to receive retired pay effective 21 December 2007. BOARD VOTE: ___X_____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080003492, dated 5 June 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was placed on the Retired List in the pay grade of E-8 instead of the pay grade of E-7 and that he be paid all back pay and allowances that result from this correction. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War and the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. ________XXX_______________ 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. ABCMR Record of Proceedings (cont) AR20090010694 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090010694 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1