RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2007
DOCKET NUMBER: AR20060010735
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. Gerard W. Schwartz
Acting Director
Mr. G. E. Vandenberg
Analyst
The following members, a quorum, were present:
Ms. Kathleen A. Newman
Chairperson
Mr. David K. Haasenritter
Member
Ms. LaVerne M. Douglas
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 retirement rank and pay grade be shown as staff sergeant (SSG) E-6 and that he receive retroactive pay at the higher grade back to the date of his first receipt of retired pay.
2. The applicant states, in effect, that although he previously held the rank and grade of SSG E-6, he was placed on the Retired List as a sergeant (SGT) (E-5) and has been receiving retired pay as a SGT.
3. The applicant provides copies of a 12 March 1982 NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) and U.S. Army Human Resources Command (AHRC) Orders P12-591904.
CONSIDERATION OF EVIDENCE:
1. The available records show the applicant entered active duty on 22 October 1965. He served honorably for two years and was transferred to the United States Army Reserve (USAR) to complete his period of obligated service.
2. The applicant was in an inactive USAR status from 21 October 1967 through 22 October 1971 at which point he was honorably discharged.
3. He enlisted in the Army National Guard (ARNG) on 13 March 1978 and served until 12 March 1982.
4. A 12 March 1982 NGB Form 22 indicates the applicant was honorably discharged in the rank and pay grade of SSG E-6 with a date of rank of 9 March 1980.
5. The documentation related to the applicant's service prior to his reenlistment in the ARNG are not associated with his records contained in the i-Perms (Personnel Electronic Records Management System) file.
6. On 14 June 1984 the applicant reenlisted in the ARNG in the rank and pay grade of specialist E-4.
7. On 4 May 1988 he was promoted to sergeant E-5.
8. The applicant served continuously in the ARNG until 1 October 2002 when he was honorably discharged and transferred to the Retired Reserve in the rank and pay grade of sergeant E-5. The applicant had 24 years, 3 months, and 17 days of service for retired pay.
9. AHRC Orders P12-591904, dated 6 December 2005, retired the applicant and placed him on the retired list effective 23 October 2005 with his attaining age 60. His retired grade is listed as sergeant E-5.
10. Army Regulation 135-180 (Qualifying Service For Retired Pay Nonregular Service) sets forth the policy and procedures for pay granted Soldiers and former Reserve components Soldiers under title 10, USC, section 1331, after completion of 20 or more years of qualifying service and upon attaining age 60. This pay is based on the highest grade (temporary or permanent) satisfactorily held for at least 185 days or six calendar months by the Soldier during his or her entire period of service, other than in an inactive section of a Reserve component.
DISCUSSION AND CONCLUSIONS:
1. The records show the applicant was promoted to the rank and grade of SSG E-6 on 9 March 1980. He held this rank in an active ARNG status for two years at which point he was honorably discharged.
2. The fact that the applicant was honorably discharged in the rank of SSG demonstrates that he did satisfactorily hold this rank and grade and is entitled to receive retired pay in that grade.
3. The applicant's records should be corrected to show that the applicant was placed on the retired list in the rank and grade of SSG E-6 effective the date of his attaining age 60 (23 October 2005) with retroactive entitlement to pay and benefits associated with that grade and rank.
BOARD VOTE:
__DKH__ __LMD_ _ __KAN__ 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 the applicant was placed on the retired list in the rank and grade of staff sergeant E-6 effective 23 October 2005 (the date he attained age 60) with retroactive entitlement to pay and benefits associated with that rank and grade.
_ Kathleen A. Newman___
CHAIRPERSON
INDEX
CASE ID
AR20060010735
SUFFIX
RECON
DATE BOARDED
20070320
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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