RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            16 June 2005
      DOCKET NUMBER:   AR20040008623


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 in effect, that he be advanced on the retired
list to the rank of Sergeant First Class (SFC), E-7.

2.  The applicant states that he did attain the rank of SFC.  Due to his
worthlessness he let life get to him and caused his rank and himself
embarrassment   He received a letter of reprimand to be placed in his file
for one year and volunteered to take a reduction in rank to Staff Sergeant
(SSG), E-6.  He never received an Article 15 or a court-martial.  He was
told that he would be advanced on the retired list to the highest grade he
held.

3.  The applicant provides a letter to his Representative in Congress; his
retirement orders; a 22 July 2004 letter from the U. S. Army Human
Resources Command – St. Louis to his Representative in Congress; and his
reduction orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 5 January 1944.  He enlisted in the U. S.
Army Reserve (USAR) on 13 February 1967.  He was promoted to SSG on 20 June
1970 and to SFC on 29 March 1974.  He performed platoon sergeant or drill
sergeant duties beginning around 1975.  He completed the Advanced
Noncommissioned Officer Course in 1981.

2.  The applicant's available noncommissioned officer evaluation reports
(NCOERs) show he received mostly highly favorable comments and high
ratings. On his NCOER for the period ending September 1987, rater comments
included, "…displayed exceptional professionalism in performing his
assigned duties as a Platoon Sergeant..."  Indorser comments included,
"…performed his duties as a Platoon Sergeant in an excellent manner."
Rater and indorser comments on his potential noted that he was seeking
reassignment because, at 41 years of age, he was not able to give physical
training to Soldiers.

3.  Headquarters, 4th Brigade, 80th Division Orders 1-1 dated 17 January
1988 reduced the applicant from SFC to SSG with a date of rank (DOR) of 10
March 1974.  The reason for the reduction cannot be determined.

4.  The applicant's notification of eligibility for retired pay at age 60
(his 20-year letter) is dated 23 September 1989.  Effective 18 May 1993, he
was mandatorily
released from his current assignment and assigned to the USAR Control Group
(Reinforcement) due to maximum years of service.

5.  On 5 January 2004, the applicant was placed on the retired list in the
rank and grade of SSG, E-6.

6.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion,
and Reduction), paragraph 7-5 provides guidance on determining the DOR upon
reduction or restoration.  Paragraph 7-5b(1) states that, for reduction for
inefficiency, failure to complete a school course, or an individual request
for reduction, the DOR will be the date of the grade to which reduced as if
the Soldier had never attained a grade higher than that to which reduced.
An example is provided:  Private First Class, DOR 30 June 1984; promoted to
Corporal 3 December 1984; reduced to Private First Class 5 March 1985; DOR
30 June 1984.

7.  Army Regulation 140-158, paragraph 7-5b(2) states that, for reduction
for reasons other than inefficiency, failure to complete a school course,
or individual request for reduction, the DOR will be the effective date of
the order announcing the reduction.

8.  Army Regulation 140-158, paragraph 7-5b(3) states that, for reduction
under the provisions of Article 15, Uniform Code of Military Justice, the
DOR will be the date the punishment was imposed.

9.  Title 10, U. S. Code, section 1406(b)(2) (Non-Regular Service
Retirement) provides that, in the case of a person entitled to retired pay
under section 12731 of this title, the retired pay base is the monthly
basic pay, determined at the rates applicable on the date when retired pay
is granted, of the highest grade satisfactorily held at any time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had been promoted to SFC on 20 March 1974.  His NCOERs
show that he successfully performed his duties as a platoon sergeant or
drill sergeant up through September 1987.  For an unknown reason, he was
reduced from SFC to SSG on 17 January 1988.  The reduction orders indicated
he was given a DOR of 10 March 1974.  (It appears he should have been given
a DOR of 20 June 1970; however, such an error would not have changed the
effective date of the reduction and thus not have impacted on any pay
issues.)

2.  Based upon the guidance in Army Regulation 140-158, paragraph 7-5b(1),
only three circumstances could have resulted in the applicant being reduced
from SFC to SSG but being given a DOR of 10 March 1974 (instead of a DOR of
       17 January 1988) – either he was reduced for inefficiency, he failed
to complete a school course, or he requested reduction.

3.  Considering the applicant had received commendable NCOERs through
September 1987, it is possible but unlikely that he was reduced for
inefficiency.  It is possible that he failed to complete a school course,
but it does not appear that he would have been sent to any required courses
at that point in time.

4.  The applicant contends that he received a letter of reprimand and then
volunteered to take a reduction in rank to SSG.  A voluntary reduction is
the third circumstance that would have given him a DOR of 10 March 1974.

5.  The Board presumes the applicant was reduced for one of the three
reasons outlined in Army Regulation 140-158, paragraph 7-5b(1).  The Board
also notes that he successfully performed duties as an SFC for almost 14
years before his reduction and received a commendable NCOER just 4 months
prior to his reduction.  For whatever reason he was reduced, the Board
concludes that there is sufficient evidence to show the highest grade which
he satisfactorily held was SFC, E-7.

BOARD VOTE:

__ryw___  __kwl___  __drt___  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:

     a.  showing that the highest grade he satisfactorily held was SFC, E-
7; and

     b.  by paying him retired pay based on the grade of E-7 retroactive to
the date he turned age 60.




            __Raymond J. Wagner___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008623                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |129.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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