RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 NOVEMBER 4, 2004
      DOCKET NUMBER:        AR2004102335


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 reinstated to the pay
grade, E-8, for retirement effective 1 May 2002.

2.  The applicant states, in effect, that he was reduced, without
sufficient formal counseling, for not completing two years in grade in
accordance with NGR 600-200.  He states that he satisfactorily held and was
rated in two E-8 assignments as an E-7, totaling 4 years, prior to
assignment and promotion in his last assignment.  He was asked to retire
prior to his completion of 2 years time in grade by his former battalion
commander for reasons of a personality conflict, again, without formal
written counseling.  During deployment of their National Guard battalion,
in support of Operation Noble Eagle, the battalion commander requested that
he either improve his performance level as battalion operations sergeant to
100% or retire from service.  The battalion commander provided him with no
specific shortcomings nor did he provide the applicant with any written
counseling.  Nevertheless, he was serious and the applicant had sensed a
serious personality conflict between them that told him that he would never
meet his interpretation of 100%.  He agreed to retire.  Arrangements were
made and he was informed on his last day of out-processing (28 March 2002)
that his retirement pay grade would be E-7 in accordance with NGR (AR) 600-
200.  Prior to that time he was not counseled as to this development
as he had been on terminal leave and had already made all arrangements
for his retirement, he felt that there was no other solution, at that time,
but to complete out-processing.  Additionally, he served 3 years as the
First Sergeant of Company A, 1st Battalion, 147th Armor and 1 year as the
Acting First Sergeant of Headquarters and Headquarters Company, 1st
Battalion, 148th Infantry (Mechanized).  He was also acting Battalion
Operations Sergeant from 1 February 2001 until his promotion to E-8 on 1
July 2001.  He states that he has over 5 years experience in E-8 positions.

3.  The applicant provides four Noncommissioned Officer Evaluation Reports
(with thru dates: 9211 (November 1992); 9308 (August 1993); 9408 (August
1994); and 9909 (September 1999); a copy of Orders 043-134, State of Ohio,
Adjutant General Department, dated 5 March 2002, and an amendment to these
orders, Orders 087-0152, Headquarters, U.S. Army Armor Center and Fort
Knox, Fort Knox, Kentucky, dated 28 March 2002.
CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the US Army Reserve (USAR), Delayed Entry
Program, on 25 June 1976.  On 14 September 1976, the applicant enlisted in
the Regular Army and, on 13 September 1979, he was released from active
duty and transferred to the USAR, IRR (Individual Ready Reserve).  On 17
September 1979, the applicant enlisted in the Army National Guard and, on 1
March 1982 he became an AGR (Active Guard/Reserve) Soldier.  He continued
his service in the AGR until he voluntarily retired on 30 April 2002.  On
the date of his retirement, the applicant had completed 23 years and 28
days active military service and 2 years, 6 months, and 9 days inactive
military service.

2.  The applicant was promoted to the rank and pay grade, Master Sergeant,
E-8 on 1 July 2001.

3.  A copy of the applicant's application for voluntary retirement is not
on file in his service personnel record; however, copies of Orders 043-134,
reassigning the applicant to the US Army Separation Transfer Point, Fort
Knox, Kentucky, to be separated on 30 April 2002, which were published on 5
March 2002, by the State of Ohio, Adjutant General Department, are on file
in his records.

4.  The applicant was reassigned to the US Army Separation Transfer Point
in the rank and pay grade, Master Sergeant, E-8; however, the rank and pay
grade were amended to read: Sergeant First Class, E-7, by Orders 087-0152,
Headquarters, U.S. Army Armor Center and Fort Knox, dated 28 March 2002.

5.  There is no indication in the applicant's service personnel records
that orders promoting him to the rank and pay grade, Master Sergeant, E-8,
were revoked or that he was reduced in pay grade for cause.

6.  On the date of his retirement, the applicant had completed 10 months
time in the pay grade, E-8.

7.  There is no evidence in the applicant's service personnel records, nor
did he provide any evidence, that he applied to the Chief, National Guard
Bureau, for an exception to policy to allow him to retire in the pay grade
E-8, for the good of the service.
8.  The NGB Form 22, Report of Separation and Record of Service (in Items
5a. and 5b.) and the DD Form 214, Certificate of Release or Discharge from
Active Duty (in Items 4.a. and 4.b.), that were prepared for the applicant
on the date of his transfer to the Retired Reserve show the rank and pay
grade MSG, E8, respectively.

9.  National Guard Regulation (NGR) 600-200, Section II.I (Transfer to the
Retired Reserve and Retirement), Paragraph 8-16.1.b. states, in pertinent
part, that retirement is voluntary.  Soldiers who are released for any
reason will not be transferred or placed in either category unless they
apply in writing.  Separation authorities will not approve requests for
separation, except those for maximum age or years of service, until they
verify that:  the Soldier has completed all remaining service obligations
such as those for training, promotion, appointment, and time on station
after PCS (permanent change of station) for AGR Soldiers.

10.  NGR 600-200, Paragraph 11-10.c. provides, in pertinent part, that
individuals, who accept promotions to the rank and pay grade, Master
Sergeant, E-8, incur a 2-year service obligation.  Individuals who accept
promotions will fulfill the service remaining requirements before transfer
to the Retired Reserve, voluntary retirement for active duty length of
service, or ETS.  If they do not, they will be separated in the next lower
grade unless granted an exception to policy by the Chief, National Guard
Bureau (NGB-ARP-PE) for the good of the service.

11.  NGR 600-200, Paragraph 11-58 (Other Reasons for Reduction), states, in
pertinent part, that soldiers will be reduced without board action or
appeal if they fail to meet the service remaining requirements in Paragraph
11-10, NGR 600-200.

12.  Title 10 of the United States Code, Section 3964, provides the legal
authority for advancement on the Retired List.  It states, in pertinent
part, that retired soldiers are entitled to, when their active service plus
service on the retired list totals 30 years, to be advanced on the Retired
List to the highest grade they held and in which they satisfactorily served
while on active duty as determined by the Secretary of the Army.

13.  The NCOERs that the applicant provided, with thru dates:  9211, 9308,
9408, and 9909, show that he successfully performed the duties of Acting
First Sergeant/Unit Readiness NCO, First Sergeant/Readiness NCO, and First
Sergeant, E-8 positions, while he held the pay grade, E-7.
DISCUSSION AND CONCLUSIONS:

1.  The applicant applied for voluntary retirement when he perceived that a
personality conflict was developing between him and his battalion
commander.

2.  The applicant was promoted to the pay grade, E-8, on 1 July 2001.  On
promotion to the rank of Master Sergeant, pay grade E-8, the applicant
incurred a 2-year service obligation prior to non-disability retirement to
be eligible to retire in that pay grade.

3.  Soldiers who are promoted to the pay grade E-8 may retire in that grade
after they satisfy their 2-year service obligation.

4.  The applicant's separation for retirement was approved for 30 April
2002 and for his placement on the retired list effective 1 May 2002.  There
is no evidence, and the applicant provided none to show, that he applied to
the Chief, National Guard Bureau, for an exception to policy to allow him
to retire in the pay grade
E-8 before he had satisfied the 2 years service-in-grade obligation.

5.  The NGB Form 22 and the DD Form 214 that were provided the applicant
reflect the correct rank and pay grade.  He served on active duty in the
rank and pay grade, Master Sergeant, E-8; but, in accordance with the
applicable regulation, he was transferred to the Retired Reserve in the
next lower grade.

6.  The applicant's successful service and experience in positions which
required a higher pay grade that he held is acknowledged; however, the time
served in these positions does not contribute to the satisfaction of the
time in service in pay grade that is required by NGR 600-200, Paragraph 11-
10.c.  The applicant only completed a total of 10 months of the required 2-
year service in grade obligation.

7.  It is suggested that the applicant apply for advancement on the retired
list in accordance with Title 10 of the United States Code, Section 3964,
sufficiently in advance of his attaining a combined total of 30 years
service (service on active duty plus service in the Retired Reserve).

8.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the
record is in error or unjust.  The applicant has failed to submit evidence
that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

mkp_____  jrs___ __  rld  _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            __Margaret K. Patterson___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102335                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041102                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT , DENY                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  302  |129.0000                                |
|2.  306                 |129.0400                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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