| Mr. Loren G. Harrell | Director | |
| Mr. David H. Keller | Analyst |
| Ms. Karen L. Wolff | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Thomas B. Redfern III | Member |
APPLICANT REQUESTS: That his retirement grade be changed from chief warrant officer 2 (W-2) to his highest commissioned officer grade held on active duty, captain (O-3).
APPLICANT STATES: When he went through retirement outprocessing at Fort Bragg, North Carolina, he asked when his retirement grade would be upgraded to captain and was told at the 30 year point. When he reached the 30 year mark, he called the Army Reserve Personnel Center (ARPERCEN) to find out why they had not advanced him on the retired list. The verbal and later written response was that he originally should have retired as a captain, based on his 14-plus years active commissioned service. He encloses a copy of the letter from ARPERCEN concerning his retirement grade.
EVIDENCE OF RECORD: The applicant's military records show:
He was commissioned a Regular Army second lieutenant, Artillery, on 5 June 1965. He attained the rank of captain on 9 June 1972.
On 27 November 1979 the applicant was discharged for failure to be selected for permanent promotion. He was simultaneously appointed and called to active duty as a Reserve warrant officer. He had 14 years, 5 months and 23 days of active commissioned service.
The applicant voluntarily retired from active duty on 1 August 1985 at Fort Bragg as a chief warrant officer 2. He had a total of 20 years, 1 month and 26 days of active creditable service.
Army Regulation 635-100, in effect at the time, set forth the basic authority for separation of officer personnel. Chapter 4 of that regulation establishes procedures for the implementation of laws and policies governing the nondisability retirement of officers, specifically Title 10 of the United States Code. It provides, in pertinent part, that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires in the grade held on the day before the date of retirement, or in any higher warrant officer grade served on active duty satisfactorily for at least 31 days. When his or her active service (plus service on the retired list) totals 30 years, any retired warrant officer of the Army is entitled to be advanced on the retired list to the highest commissioned grade he or she served satisfactorily on active duty.
A 30 December 1996 ARPERCEN letter informs the applicant that he should have retired as a captain. In the processing of this case, a staff member of the Board contacted the Army Reserve Personnel Command and was informed by an official of the Retired Pay Division that the letter is incorrect and the applicant should have been advanced on the retired list as he initially requested. The staff member was also informed that the person who signed the letter no longer works there.
On 4 February 1999 the Army Grade Determination Review Board determined the highest grade in which the applicant served satisfactorily for the purpose of computation of retired pay was captain (O-3).
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant’s retirement in pay grade W-2 was appropriate in accordance with applicable law and regulations, since that was the grade he held on the day before his date of retirement.
2. The applicant should have been advanced to the rank of captain when his active service and service on the retired list totaled 30 years. The letter from ARPERCEN advising him that he should have retired as a captain does not conform with the law and governing regulations, and is incorrect.
3. In view of the foregoing, there is no basis for granting the applicant's request.
(Note: The Support Division, Army Review Boards Agency, St Louis, is directed to coordinate with AR-PERSCOM, Retired Pay Division, to advance the applicant on the retired list to the rank of captain effective 5 June 1995.)
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC97-06027/AR1999018961 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 19990414 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.04 |
| 2. | 136.00 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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