| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Donald P. Hupman, Jr. | Member | |
| Mr. John T. Meixell | Member |
2. The applicant requests correction of his military records to show his retired pay be computed in pay grade W-4 instead of captain (0-3).
3. The applicant states that the highest pay grade he held at retirement was W-4 and he is entitled to the highest retired pay.
4. He was placed on the Army of the United States Retired List (AUS) effective 21 December 2000 in pay grade 0-3, his highest grade satisfactorily held. The applicant had 21 years of qualifying service and 38 years, 6 months, and 4 days of service for pay purposes.
5. The maximum point value for retired pay for pay grade O-3 is .298 and .319 for pay grade W4 for soldiers with over 26 years of service for pay purposes. This means that a W4 earns more retired pay than a 0-3.
6. 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 for the highest amount of retired pay.
2. In providing that he should receive retired pay based on the pay grade most favorable to him, it is not intended that he must forfeit those other rights and privileges vested in or enjoyed by commissioned or warrant officers.
3. The determination that the highest grade satisfactorily held by the applicant was unjust in that it has deprived him, and will continue to deprive him, of the increased pay which he would have received if he had been retired in pay grade W-4.
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 0-3, as provided by Title 10, United States Code, sections 1331-1337, the retired pay of the individual concerned will be calculated on pay grade W-4, 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:
___JH___ __DPH__ __JTM___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____June Hajjar______
CHAIRPERSON
| CASE ID | ACAR200105305 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010313 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001051172C070420
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. 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. Accordingly, the applicant’s records should be...
ARMY | BCMR | CY2002 | 2002080110C070215
The applicant states, in effect, that he had satisfactorily served in an enlisted status in a rank and pay grade that would entitle him to a more favorable rate of retired pay than the retired pay he now receives based on his satisfactory service as a 1LT/0-2, which is the highest rank and pay grade he held. A Data for Retired Pay (DA Form 3713), dated 20 March 1990, prepared on the applicant during his processing for non-regular retirement and retired pay confirms that on 3 December 1989,...
ARMY | BCMR | CY2008 | 20080018520
The applicant requests correction of his military records to show his retired pay computed on the grade of chief warrant officer four (pay grade W4) rather than captain (pay grade O3). The applicant states, in effect, that he was transferred to the Retired Reserve in pay grade W4. Title 10, USC, section 1371 states that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular...
ARMY | BCMR | CY2002 | 2002079029C070215
The applicant states, in effect, that he had satisfactorily served in an enlisted status in a rank and pay grade that would entitle him to a more favorable rate of retired pay than the retired pay he now receives based on his satisfactory service as a WO1, which is the highest rank he held. However, it concludes that denying the applicant retired pay based on the formula most favorable to him based on his satisfactory service as a MSG/E-8 would clearly violate 10 USC 1401 if it resulted in...
ARMY | BCMR | CY2001 | 2001061023C070421
By law, members being retired based on non-regular service age and service requirements are entitled to be placed on the Retired List and receive retired pay in the highest grade in which they satisfactory served at anytime in the Armed Forces. In addition, the law stipulates that if a member is eligible for retired pay under more than one formula, they are entitled to receive retired pay based on the formula most favorable to them. That all of the Department of the Army records related to...
ARMY | BCMR | CY2001 | 2001059263C070421
The applicant states that he served the majority of his military career as a warrant officer, and a CW4 earns more than a captain, the grade in which he was retired. He served as a unit member as a captain until his resignation on 29 July 1977. That all of the Department of the Army records related to this case be corrected by showing that; notwithstanding his placement on the Retired List in the rank of captain (0-3) as provided by Title 10, United States Code, Section 12731, and without...
ARMY | BCMR | CY2001 | 2001058576C070421
10 USC 1371 contains warrant officer retired grade provisions of the law and states, in pertinent part, that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires in the permanent regular or reserve warrant officer grade that he held on the day before the date of his retirement. The evidence of record confirms that the applicant satisfactorily served on active duty in the rank and pay grade of CW3/W-3 and that the highest rank the applicant...
ARMY | BCMR | CY2001 | 2001064115C070421
It states, in pertinent part, that a warrant officer 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 they satisfactorily served on active duty. By law, when their active service plus retired service equals 30 years, warrant officers are entitled to be advanced on the Retired List to the highest commissioned officer...
ARMY | BCMR | CY2008 | 20080000473
The applicant requests, in effect, correction of his military records to show that he retired as a chief warrant officer three (CW3), pay grade W3. The applicant states, in effect, that he made a terrible mistake several years ago when he requested, and was granted, a change in his retired status to show that he was retired as a sergeant major (SGM), pay grade E-9. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2001 | 2001063470C070421
The Board notes the contention of the applicant that his retired grade should reflect the highest grade he held and while he did not stipulate that his request was to receive the retired rank and pay grade of MAJ/0-4, his application does imply this may be his expectation. By law, members are entitled to be placed on the Retired List in the highest commissioned officer grade in which they satisfactory served on active duty for more than six months if they had completed 10 or more years of...