RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20040007930


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his grade on the temporary disability
retired list (TDRL) be advanced to the highest grade he satisfactorily
held.

2.  The applicant states he was promoted in the US Air Force Reserve
(USAFR) to the rank of Master Sergeant (MSGT/E-7) on 1 May 1992 and held
that rank until he was honorably separated on 23 February 1998.  On 3 April
2001, he enlisted in the US Army Reserve in the rank of Staff Sergeant
(SSG/E-6) and held that rank until 18 January 2002, when he enlisted in the
Army National Guard (ARNG) in the rank of Sergeant (SGT/E-5).  He adds that
his reductions were voluntary administrative reductions prompted by his
movements from the USAFR to the USAR to the ARNG.

3.  The applicant provides:

      a.  Copies of his USAFR promotion orders to E-7 and copies of awards
earned as an Air Force MSGT.

      b.  A copy of Orders 189-1328, Headquarters, US Army Training Center
and Fort Jackson, Fort Jackson, South Carolina, dated 7 July 2004, showing
his disability retirement on 6 July 2004.

      c.  A copy of DD Form 214 for the period 8 July 2003 to 6 July 2004
showing his temporary disability retirement under the provisions of Army
Regulation (AR) 635-40, paragraph 4-24B(2).

      d.  A copy of a graduation diploma and DA Form 1059 (Academic
Evaluation Report) from the US Army John F. Kennedy Special Warfare Center
and School Civil Affairs Specialist Course.  The applicant's rank is shown
as SSG.

      e.  A copy of ARNG Retirement Points History Statement – Application
for Retirement Pay which shows the applicant with 16 years, 1 month, and 9
days of creditable service for retired pay and his highest grade
satisfactorily held as E-7.

CONSIDERATION OF EVIDENCE:

1.  The applicant's initial military service was in the US Air Force as
follows:

      a.  USAFR from 20 December 1982 to 11 August 1983.

      b.  Regular Air Force from 12 August 1983 to 21 February 1986.

      c.  USAFR from 22 February 1986 to 26 November 1988.

      d.  USAFR on active duty from 27 November 1988 to 28 March 1990.

      e.  USAFR from 29 March 1990 to 17 January 1991.

      f.  USAFR on active duty from 18 January 1991 to 31 July 1991.

      g.  USAFR from 1 August 1991 to 23 February 1998.

While in the USAFR, the applicant was promoted to MSGT/E-7 on 1 May 1992.
He served honorably and well in that grade until discharged on 23 February
1998.

2.  The applicant was without military service from 24 February 1998
through 2 April 2001.  On 3 April 2001, he enlisted in the USAR in a troop
program unit (TPU).  His grade at enlistment was SSG/E-6.  He served in a
TPU until 17 January 2002.

3.  On 18 January 2002, the applicant enlisted in the ARNG; he accepted a
downgrade to the rank of SGT/E-5.  On 8 July 2003, he was mobilized and was
serving on active duty as a SGT when he was processed for a physical
disability separation.  On 6 July 2004, he was separated with a 40 percent
disability rating and placed on the TDRL.

4.  AR 635-40 (Personnel Separations - Physical Evaluation for Retention,
Retirement, or Separation) establishes the Army Physical Disability
Evaluation System sets forth policies, responsibilities, and procedures
that apply in determining whether a Soldier is unfit because of physical
disability to reasonably perform the duties of his or her office, grade,
rank, or rating. If a Soldier is found unfit because of physical
disability, this regulation provides for disposition of the Soldier
according to applicable laws and regulations.  Chapter 7 outlines the
procedures for administration and processing of Soldiers whose names are on
the TDRL.

5.  AR 135-180 (Army National Guard and Army Reserve – Qualifying Service
for Retired Pay Nonregular Service) implements statutory authorities
governing the granting of "retired pay" to Soldiers and former Reserve
components Soldiers.  It states that the Retired Activities Directorate,
ARPERCEN (now US Army Human
Resources Command (HRC) – St. Louis, Missouri) will screen each retirement
applicant's record to determine the highest grade held by him or her during
his or her military service.  In arriving at the highest grade
satisfactorily held, the following criteria will apply:  if the Soldier was
transferred to the Retired Reserve or discharged on or after 25 February
1975, retired grade will be that grade which an enlisted Soldier held while
on active duty or in an active reserve status for at least 185 days or 6
calendar months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had honorable and faithful service in the Regular Air
Force and in the Reserve components.  His last period of service was with
the ARNG and, at the time of his disability retirement, he was serving on
active duty in a mobilization status.

2.  The highest grade the applicant satisfactorily held was that of MSGT/E-
7 in the USAFR from May 1992 through February 1998, a period of almost 6
years.  The equivalent Army rank would be Sergeant First Class (SFC/E-7).

3.  The applicant's ARNG Retirement Points History Statement – Application
for Retirement Pay verifies that his highest grade held was E-7.

4.  In accordance with AR 135-180, the Retired Activities Directorate, HRC
– St. Louis should have screened his retirement record to determine the
highest grade held by him during his military service.  Clearly, his
highest grade satisfactorily held was E-7.

5.  The applicant's retired grade is currently E-5, but should be E-7.

BOARD VOTE:

__jea___  __teo___  __cak___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that he was retired on 6 July 2004 and placed on the TDRL on 7 July
2004 in the grade of SFC/E-7 with the appropriate retired pay.



                                  James E. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007930                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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