RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20070017218 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Larry W. Racster

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, retirement in the highest grade satisfactorily held.  

2.  The applicant states, in effect, that he was promoted to staff sergeant (SSG)/E-6 in September 1981 and satisfactorily served in and held that grade until his separation from the U.S. Army Reserve (USAR) in August 1985.  He subsequently enlisted in the Pennsylvania Army National Guard (PAARNG) in the rank/grade of sergeant (SGT)/E-5 and was assigned to the Retired Reserve in August 1995 in the rank of SGT/E-5.  He was placed on the Retired List in the rank of SGT/E-5 in May 2007 (his 60th birthday). 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Headquarters, 300th Transportation Group, USAR Center, Butler, Pennsylvania, Orders 23-2, dated 15 September 1981 (Promotion Orders to SSG/E-6).

	b.  Headquarters, First United States Army, Fort George G. Meade, Maryland, Orders 162-39, dated 5 September 1985, (Reassignment to the USAR Control Group-Reinforcement).

	c.  U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders      C-06-02539, dated 20 June 1986 (Relief from the USAR Control Group-Reinforcement).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he was born on 17 May 1947 and enlisted in the Regular Army for a period of 3 years on 21 June 1965.  He was honorably separated and transferred to the USAR Control Group (Reinforcement) on 20 June 1968.  The highest grade he held during this period of active service was specialist five (SP5)/E-5.  He was subsequently transferred to the USAR Control Group (Standby Reserve) on 22 June 1970 and was honorably discharged from that component on 20 June 1971.

2.  After a break in service, the applicant enlisted in the USAR for a period of 3 years on 18 October 1974.  He subsequently had a series of extensions and/or 

reenlistments in the USAR, including a 2-year extension on 14 September 1975, a 6-year reenlistment on 18 October 1977, and a 6-year reenlistment on 20 September 1983.

3.  On 15 September 1981, Headquarters, 300th Transportation Group, USAR Center, Butler, Pennsylvania, published Orders 23-2 announcing the applicant's promotion to SSG/E-6 effective 15 September 1981.

4.  On 5 September 1985, Headquarters, First United States Army, Fort George G. Meade, Maryland, published Orders 162-39, relieving the applicant from his assignment to his Troop Program Unit (TPU) and reassigning him to the USAR Control Group (Reinforcement) for voluntary reasons.  The applicant's rank was SSG/E-6.

5.  On 23 May 1986, the applicant enlisted in the PAARNG for a period of 3 years, 3 months, and 26 days, in the rank/grade of SGT/E-5.  He was relieved from the USAR Control Group (Reinforcement) for the purpose of enlistment in the PAARNG on 20 June 1986. 

6.  On 30 December 1992, Adjutant General's Office, Commonwealth of Pennsylvania, Annville, Pennsylvania, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  This letter notified him that he had completed the required years of service and would be eligible for retired pay upon application at age 60.  

7.  On 10 July 1995, Department of Military Affairs, the Adjutant General, Annville, Pennsylvania, published Orders 131-047, assigning the applicant to the USAR Control Group (Retired Reserve), in the rank/grade of SGT/E-5, effective 1 August 1995.

8.  The applicant's records do not show that he was reduced in rank/grade for misconduct, inefficiency, unsatisfactory performance, or any other reason. 

9.  The applicant turned 60 years old on 17 May 2007 and applied for non-regular retired pay.  Human Resources Command (HRC)-St. Louis, Missouri, placed him on the Retired List in the grade of SGT/E-5 on 17 May 2007.  He is currently a retired USAR SGT/E-5. 

10.  Title 10, U. S. Code, section 12731 states that a person is entitled, upon application, to retired pay if the person is at least 60 years of age and has performed at least 20 years of service as computed under section 12732 of this title.
11.  Title 10, U. S. Code, section 1406 states that the retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service before September 8, 1980, is computed using the retired pay base or retainer pay base determined under this section.  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.

12.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states, in pertinent part, that a person granted retired pay will receive such pay in the highest grade (temporary or permanent) satisfactorily held by him or her during his or her entire period of service.  Service in the highest grade will not be deemed satisfactory…if it is determined that any of the following factors exist:  (a) revision to a lower grade was expressly for prejudice or cause, due to misconduct, or punishment pursuant to Article 15, Uniform Code of Military Justice, or court-martial; or (b) there is information in the Soldier's service record to indicate clearly that the highest grade was not served satisfactorily.

DISCUSSION AND CONCLUSIONS:

1.  By law, members of the Armed Forces are entitled to be placed on the Retired List in the highest grade in which they satisfactorily served.  The evidence of record confirms the applicant held and satisfactorily served in the rank/grade of SSG/E-6 from 15 September 1981 through 23 May 1986.  There is no evidence in the applicant's records that shows he was previously administratively reduced in grade as a result of his own misconduct.

2.  The applicant joined the PAARNG in June 1986 as a SGT/E-5.  Although not stated in the record, the applicant probably took an administrative reduction in grade because his unit did not have an open billet for a SSG/E-6.

3.  In light of the applicant’s over four years of satisfactory service as a SSG/E-6, and in light of the fact that he was not reduced for misconduct or inefficiency, he should have been placed on the Retired List in that rank and pay grade at the time of his retirement.  Thus, it would be appropriate and serve the interest of justice and equity to correct the applicant’s record to show he was placed on the Retired List in the rank/grade of SSG/E-6 on 17 May 2007 and by providing him any back retired pay due as a result.


BOARD VOTE:

__le____  __jrs___  __lwr___  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 he was placed on the Retired List in the rank and pay grade of staff sergeant/E-6 on 17 May 2007 and by providing him any back retired pay due as a result.



							Lester Echols
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.