RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2007
      DOCKET NUMBER:  AR20070001266


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 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 was a SSG/E-6 and voluntarily
requested a reduction to SGT/E-5 to continue his service in the Army
National Guard (ARNG).  He further indicates that at the time he was told
he would not have a break in service and that he would be allowed to retire
in the highest grade he held.

3.  The applicant provides a self-authored statement and statement from his
unit commander, dated 1 October 1980, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he initially enlisted in the ARNG on
12 February 1964.  His Personnel Qualification Record (DA Form 2-1) shows
he held and served in 76C (Equipment Records and Parts Specialist).

2.  Item 18 (Appointments and Reductions) shows that the applicant was
promoted to SGT/E-5 on 12 October 1972 and to SSG/E-6 on 4 June 1984.  It
also shows that he was administratively reduced to SGT/E-5 on 25 February
1980, and his date of rank to SGT/E-5 was reestablished as 12 October 1972,
the date of his original promotion to that grade.

3.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
request for voluntary reduction made by the applicant on 25 September 1980.
 In it, the applicant indicated that he requested to be voluntarily reduced
to SGT/E-5 in order to be allowed to extend his enlistment because he was
excess to his unit as a SSG/E-6.

4.  The applicant's MPRJ also contains Headquarters, 5th Battalion, 113th
Field Artillery, North Carolina ARNG, Louisburg, North Carolina, Orders
Number 11-1, dated 25 September 1980.  These orders reduced the applicant
from SSG/E-6 to SGT/E-5, effective 25 September 1980.  The orders further
indicated that the authority for reduction was paragraph 6-35, National
Guard Regulation 600-200, and that the reason for reduction was the
individual request of the applicant.

5.  On 7 May 1985, a Notification of Eligibility for Retired Pay at Age 60
pertaining to the applicant was issued by the National Guard Bureau (NGB).
It confirmed that the applicant had completed the required years of service
and was eligible for retired pay at age 60 upon application.

6.  On 24 March 1986, Office of The Adjutant General, State of North
Carolina Orders Number 59-89, directed the applicant's discharge from the
ARNG, effective 1 April 1986, and his transfer to the United States Army
Reserve (USAR) Control Group (Retired) on the following day.

7.  On 9 September 2005, upon reaching age 60, the applicant was placed on
the Retired List and began receiving non-regular retired pay in the grade
of SGT/E-5.

8.  National Guard Regulation 600-200 (Enlisted Personnel Management)
prescribes the enlisted personnel management policy for members of the
ARNG. Chapter 6 contains promotion and reduction policy, which includes
provisions for voluntary reduction.  It states, in pertinent part, that a
Soldier may volunteer for reduction to any lower rank to obtain a benefit
or for personal reasons.  The promotion authority may then administratively
reduce the Soldier without board action.

9.  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 4 June 1974, and that he satisfactorily served in that rank
until being administrative reduced to SGT/E-5 on 25 September 1980, in
order to extend his ARNG service.

2.  Although, the statement provided by the applicant's commander indicated
his duty performance was sub-standard, this was not the basis for the
applicant's administrative reduction.  Therefore, the applicant was never
reduced for cause and his more than six years of service as a SSG/E-6 is
considered to have been 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 9 September 2005, 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:

___WDP_  __PMS__  __JLP __  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 9 September 2005, the date he
reached age 60 and began receiving retired pay; and by providing him all
back retired pay due as a result.




                                  _____William D. Powers_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070001266                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/09/09                              |
|DISCHARGE AUTHORITY     |10 USC 12731                            |
|DISCHARGE REASON        |Non-Regular Retirement                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |129.0400                                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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