| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That he be advanced on the Retired List to pay grade E-8.
APPLICANT STATES: He served in a position authorized a noncommissioned officer in the grade of E-8, for which he was awarded the Meritorious Service Medal.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 4 November 1960, was awarded the military occupational specialty of wheel and track vehicle mechanic, and served one tour in Korea, two tours in Vietnam, and three tours in Germany. He was promoted to pay grade E-7 on 24 October 1977 and was honorably released from active duty on 30 November 1980 and placed on the Retired List for years of service the following day.
Title l0, United States Code, section 3964, provides that each warrant officer and enlisted member of the Regular Army is entitled, when his or her active service plus his or her service on the retired list totals 30 years, to be advanced on the retired list to the highest temporary grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The highest grade held by the applicant was pay grade E-7.
2. The applicant has apparently confused the term highest grade held with the term highest position held as it pertains to advancement on the Retired List. In this regard, the highest grade held is the highest grade to which the applicant was officially promoted notwithstanding any higher position he may have held either officially or unofficially. This law exists to insure soldiers are paid at the highest grade they held in the event they were administratively reduced in grade or if they reverted from an officer to an enlisted soldier at some point in their careers.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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
___kan __ ___reb __ ____rjw__ DENY APPLICATION
| CASE ID | AR2001062529 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011025 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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