RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 December 2006
      DOCKET NUMBER:  AR20050005709


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 his retired rank and pay grade
be changed from sergeant/E-5 (SGT/E-5) to staff sergeant/E-6 (SSG/E-6).

2.  The applicant states, in effect, that he started receiving non-regular
retired pay at age 60 on 28 May 2003.  Since that time, he has received
retired pay as a SGT/E-5 instead of the highest grade he held, which was
SSG/E-6.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Transfer to Inactive Army National
Guard (ARNG) Orders; SSG/E-6 Promotion Orders; Administrative Reduction
Orders; and  Record of Proceedings Under Article 15, UCMJ (DA Form 2627).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant’s retired grade be
changed from SGT/E-5 to SSG/E-6.

2.  Counsel states, in effect, that the Wisconsin ARNG erroneously computed
the applicant’s retirement as a SGT/E-5 because they thought he had
received a punitive reduction from SSG/E-6 to SGT/E-5.  However, the
applicant’s reduction was administrative based on his acceptance of a
position in the lower grade.

3.  Counsel provides a statement in support of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that on 28 May 2003, upon reaching age 60,
he began receiving non-regular retired pay as a SGT/E-5.

2.  On 28 May 1983, while serving with the 32nd Engineer Company of the
Wisconsin ARNG, the applicant was promoted to SSG/E-6.

3.  On 6 February 1986, while on active duty for training in Germany, the
applicant accepted nonjudicial punishment (NJP) under the provisions of
Article 15 of the Uniform Code of Military Justice (UCMJ), for being absent
from his unit without authority.  The resultant punishment included a
reduction to SGT/E-5 that was suspended for 4 months, at which time it
would be remitted if not already vacated.  The record contains no
indication the suspension was vacated for cause within the 4 month
suspension period.

4.  Wisconsin ARNG Orders Number 192-12, dated 6 October 1987, transferred
the applicant to the Inactive ARNG, effective 10 October 1987.

5.  Wisconsin ARNG Orders Number 25-03, dated 28 April 1989, reduced the
applicant from SSG/E-6 to SGT/E-5, effective 5 May 1989.  The authority for
the reduction was paragraph 6-44h, National Guard Regulation (NGR) 600-200.

6.  Wisconsin ARNG Orders Number 093-063, dated 15 May 1989, transferred
the applicant from the Inactive ARNG to a position in the 32nd Engineer
Company, effective 5 May 1989.

7.  A State of Wisconsin, Department of Military Affairs Notification of
Eligibility for Retired Pay at Age Letter, dated 18 September 1995,
notified the applicant he had completed the required years of service to be
eligible to receive retired upon application at Age 60.  An ARNG retirement
points history prepared at the time confirmed he completed a total of 20
years and 19 days of qualifying service for retirement as of that date.

8.  Wisconsin ARNG Orders Number 256-529, dated 21 December 1995, directed
the applicant’s discharge from the ARNG and transfer to the United States
Army Reserve (USAR), Retired Reserve, effective 1 December 1995.

9.  On 1 December 1995, the applicant was honorably discharged from the
ARNG and transferred to the Retired Reserve in the rank and pay grade of
SGT/E-5.

10.  A member of the Army Grade Determination Review Board (AGDRB)
attempted to administratively resolve the applicant’s case through USAR
retirement officials; however, because the applicant received an Article 15
and because he was listed on the USAR system as a SGT/E-5, USAR officials
determined the change would have to be directed by the Army Review Boards
Agency (ARBA).

11.  NGR 600-200 (Enlisted Management) provides the policy for the
management of enlisted Soldiers of the ARNG.  Paragraph 6-44h of the
regulation in effect at the time stated, in pertinent part, that a Soldier
could accept a voluntary reduction in order to qualify for a position
vacancy.

12.  Title 10 of the United States Code, section 12731 provides the legal
authority for age and service (non-regular) retirements.  Section 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record in this case confirms the applicant was promoted
to SSG/E-6 on 28 May 1983, and that he satisfactorily served in that rank
until being administrative reduced to SGT/E-5 on 5 May 1989, in order to
return from the inactive ARNG to a position in his ARNG unit.

2.  Although, the applicant received a suspended reduction as a result of
NJP in 1986, this suspended reduction was not vacated for cause within in
the four month suspension period.  Therefore, he was never reduced for
cause and his almost six years of service as a SSG/E-6, from 28 May 1983
through 5 May 1989, was satisfactory.

3.  By law, in connection with a non-regular retirement, enlisted members
are entitled to receive retired pay in the highest grade held
satisfactorily at any time in the Armed Forces.  The evidence of record in
this case confirms the applicant’s service in the highest grade he held
(SSG/E-6) was satisfactory.

4.  In view of the facts of this case, the applicant’s record should be
corrected to show he was authorized to receive non-regular retired pay
based on the grade SSG/E-6 on the 28 May 2003, the date he turned age 60
and became eligible to receive retired pay.  Further, it would be
appropriate to provide him all back retired pay due as a result.

BOARD VOTE:

___SLP _  __MHM__  __ALR__  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 SSG/E-6 and he was authorized
to receive retired pay in that grade as of 23 May 2003, the date he reached
age 60 and began receiving retired pay; and by providing him all back
retired pay due as a result.




            ____Shirley L. Powell______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005709                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1995/12/01                              |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |Retired Reserve                         |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |129.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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