RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            1 December 2005
      DOCKET NUMBER:   AR20050003745


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 authorized retired pay in
the grade Chief Warrant Officer Five (CW5).

2.  The applicant states, in effect, the Army Board for Correction of
Military Records (ABCMR) recommended his records be corrected to show he
was promoted to CW5 on 12 December 1992, and transferred to the Retired
Reserve in that grade on 13 December 1992.  He states that while he is
grateful to the Board for allowing him to retire with the honorary grade of
CW5, he is now requesting he be granted an official retirement grade of CW5
and that he receive retired pay based on that grade.  He states that he
worked very hard and served with distinction in order to retire at the
grade of CW5 with pay and he would have continued to serve in an active
status in the United States Army Reserve (USAR) had it not been determined
that he was physically disabled.

3.  The applicant provides a copy of an ABCMR Record of Proceedings, dated
21 October 2003, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AR2003089463 on 21 October 2003.

2.  During its original review, the Board recommended the applicant’s
record be corrected to show he was promoted to CW5 on 12 December 1992, and
transferred to the Retired Reserve in that grade on 13 December 1992.  The
Board further concluded that because the applicant had not yet reached age
60 and was not yet eligible for retired pay, a determination on his retired
grade for pay purposes would be made by the appropriate USAR officials when
the applicant applied to receive retired pay at age 60.

3.  In compliance with the Board recommendation, Human Resources Command
(HRC)-St. Louis, Reserve Component (RC), personnel officials corrected the
applicant’s record to change his grade from Chief Warrant Officer Four
(CW4) to CW5, with a date of rank of 12 December 1992.  The orders
transferring the applicant to the Retired Reserve were corrected to show he
was transferred to the Retired Reserve in the grade of CW5 on 13 December
1992.
4.  On 3 August 2004, an HRC-St. Louis retirement and annuities supervisor
confirmed that the actions recommended by the ABCMR had been properly taken
prior to assignment of the case to the retirements and annuities office.
He stated that the applicant had been properly retired under the provisions
of Title 10 of the United States Code, Section 1223 (10 USC 1223) as a CW4.
 Although no retired grade change was required, a change to the applicant’s
correspondence grade (also known as honorary grade) to CW5 had been
submitted to the Defense Finance and Accounting Service (DFAS).

5.  10 USC 12731 provides the legal authority for age and service (non-
regular) retirements.  10 USC 1406 provides the legal authority for
establishing the retired pay base for members who first became members
before September 8, 1980. Paragraph (b)(2) contains guidance on non-regular
service retirement.  It states, in pertinent part, that in the case of a
person who is 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
held satisfactorily by the person at any time in the Armed Forces.  10 USC
1371 further provides, in pertinent part, that a warrant officer retires in
the Reserve warrant officer grade held on the day before his date of
retirement.

DISCUSSION AND CONCLUSIONS:

1.  By law, in connection with a non-regular retirement, warrant officers
and enlisted members are entitled to receive retired pay in the highest
grade held satisfactorily at any time in the Armed Forces.  There is no
active status promotion/retirement service obligation associated with this
provision of the law.

2.  The evidence of record in this case confirms that based on the
recommendation of the Board, the applicant’s record was corrected to show
he was promoted to CW5 on 12 December 1992, and that he was transferred to
the Retired Reserve in that grade on 13 December 1992.  As a result, the
applicant is entitled to receive retired pay as a CW5.

3.  In view of the facts of this case, it would be appropriate to correct
his record to show his retired grade was established as CW5 on 11 March
2004, the date he began receiving non-regular retired pay.  It would also
serve the interest of justice to provide the applicant all back retired pay
due as a result of this correction.

BOARD VOTE:

___JTM _  ___ML __  ___RGS_  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 his retired grade was established as CW5 and he was authorized to
receive retired pay in that grade as of 11 March 2004, the date he reached
age 60 and began receiving retired pay; and by providing him all back
retired pay due as a result.




            ____John T. Meixell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003745                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/03/11                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |Age 60                                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |129.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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