RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2008
      DOCKET NUMBER:  AR20070006302


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Chester A. Damian             |     |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, his retirement records show his grade
as SGT/E-5, but he was retired in the grade SSG/E-6.  He states that it is
his belief that it was never corrected in the system when he was
discharged.

3.  The applicant provides retirement and promotion orders in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he served on active duty in the Army of
the United States for 1 year, 11 months and 13 days from 16 August 1966
through 28 July 1968, at which time he was transferred to the United States
Army Reserve (USAR) to complete his military service obligation.  On 15
August 1972, he was discharged from the USAR.

2.  On 9 October 1973, the applicant enlisted in the South Carolina
Army National Guard (ARNG).  He served in this status for 20 years until
being honorably discharged and transferred to the Retired Reserve on 8
October 1993.

3.  The applicant's record contains a separation document (NGB Form 22)
issued to him upon his discharge from the ARNG.  This document shows he
held the rank of SGT/E-5 on 8 October 1993, the date of his discharge from
the ARNG.

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 18 (Promotions and Reductions), that he was promoted to SGT/E-5 on
10 October 1975, and that this was the highest rank he attained while
serving in the South Carolina ARNG.  Item 18 contains no entry indicating
that he was ever promoted to the rank of SSG/E-6, and the applicant last
reviewed this record on 6 June 1993.

5.  The applicant's record also contains a Notification of Eligibility for
Retired Pay at Age 60 Memorandum, dated 10 August 1992, issued by the South
Carolina Military Department, Office of The Adjutant General, which
notified the applicant he had completed the required years of service to be
eligible for retired pay upon application at age 60.

6.  Department of the Army, United States Army Human Resources Command, St.
Louis, Missouri, Orders Number P06-786973, dated 2 June 2007, directed the
applicant's placement on the Retired List, in the grade of SGT/E-5,
effective
22 June 2007.

7.  The applicant provides Permanent Orders Number 132-2, dated 13 December
1993, issued by the State of South Carolina Military Department, Office of
The Adjutant General, which relieved the applicant from the active ARNG and
placed him on the State Retired List, effective 9 October 1993.  These
orders show the applicant's grade as SGT/E-5 and authorized a retired grade
of SSG/E-6.

8.  Title 10 of the United States Code, Section 1406b(2) provides guidance
on non-regular service retirement.  It states, in pertinent part, that in
the case of a person who is entitled to retired pay at age 60, 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 applicant's contention that he should be receiving retired pay
based on the grade SSG/E-6 was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  By law, a Reserve Component member eligible for non-regular retirement
is entitled to receive retired pay based on the highest grade held
satisfactorily by the person at any time in the Armed Forces.  The evidence
of record confirms the highest grade attained, held and served in by the
applicant while in an active Reserve status was SGT/E-5, which is the grade
in which he was placed on the Retired List and upon which his retired pay
is based.  Notwithstanding the State Retired List promotion indicated in
the South Carolina orders provided by the applicant, absent any evidence
showing that he was actually promoted to and satisfactorily served in the
grade of SSG/E-6 while in an active Reserve status, there is an
insufficient evidentiary basis upon which to grant the requested relief.

3.  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

__BJE  __  ___JAM _  __CAD__  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.




                                  _____Barbara J. Ellis______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006302                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2007/06/22                              |
|DISCHARGE AUTHORITY     |10 USC 12731                            |
|DISCHARGE REASON        |Non-Regular Retirement                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |129.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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