| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Christopher J. Prosser | Member |
2. The applicant requests correction of his military records to show that his retired pay is computed based on the pay grade of master sergeant (MSG), pay grade E-8 instead of chief warrant officer two (CW2), pay grade W-2.
3. The applicant states, in effect, that he would receive a higher payment as a MSG than that of a CW2, the highest rank he held.
4. The applicant’s military records show that while serving in the rank of MSG, with a date of rank of 3 July 1977, in the South Carolina Army National Guard (SCARNG), the applicant was appointed as a CW2, on 16 August 1979.
5. On 27 May 1981, he was issued his letter of notification of eligibility for retired pay at age 60 as a CW2.
6. On 1 December 1981, he was transferred to the Retired Reserve.
7. Title 10, United States Code, provides that a person entitled to retire, under section 1331 of that title, shall have his retired pay computed on the monthly basic pay of the highest grade satisfactorily held at any time. However, under section 1401 of the same statute, if entitled to retired pay computed under more than one pay formula or under any other provision of law, he is entitled to be paid under the applicable formula that is most favorable to him.
CONCLUSIONS:
1. In providing that an individual be retired in the highest grade satisfactorily held, congress clearly intended to provide individuals the highest amount of retired pay.
2. The determination that the highest grade satisfactorily held by the applicant was CW2 is unjust in that it has deprived him, and will continue to deprive him, of the increased pay which he would have received if his retired pay had been computed in the pay grade of E-8.
3. Accordingly, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that notwithstanding his placement on the AUS retired list in the grade of W-2, as provided by title 10, United States Code, sections 1331-1337, the retired pay of the individual concerned will be calculated on pay grade E-8, a grade in which he also satisfactorily served, and the formula most favorable to him, as provided by title 10, United States Code, section 1401.
BOARD VOTE:
_cjp___ _le______ _jns_ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
John N. Slone
______________________
CHAIRPERSON
| CASE ID | AR2001051172 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010329 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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