IN THE CASE OF:	  

	BOARD DATE:	  26 June 2008

	DOCKET NUMBER:  AR20080005653 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be advanced on the retired list to the rank of sergeant first class (SFC), E-7.

2.  The applicant states that he held the rank of SFC, E-7 for approximately 30 months.  He states he attended the Oklahoma Military Academy and graduated on 17 November 1985.  He was promoted to SFC, E-7 on 8 April 1986.

3.  The applicant provides a copy of his promotion orders to SFC, E-7; his reduction orders to staff sergeant (SSG), E-6; and his diploma from the Advanced Course for Reserve Component Noncommissioned Officers.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 10 October 1946.  He was inducted into the Army of the United States on 19 May 1966.  He was promoted to specialist four, E-4 on 1 December 1967.  He was released from active duty on 17 May 1968 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on the following date.  The applicant was discharged from the USAR Control Group (Standby) on 18 May 1972 in the rank of specialist four.  

2.  The applicant enlisted in the Army National Guard on 19 August 1975.  

3.  State of Oklahoma, Military Department, Oklahoma City, Oklahoma Orders Number 82-3, dated 9 April 1986, promoted the applicant to the rank of SFC, E-7 with an effective date of 8 April 1986 and awarded him primary military occupational specialty 94B4O (Food Service Sergeant).

4.  Headquarters, 45th Field Artillery Brigade, Oklahoma Army National Guard, Orders Number 43-1, dated 14 September 1988, shows the applicant was reduced from the rank of SFC, E-7 to SSG, E-6 with an effective date of 1 October 1988 and a date of rank of 11 June 1979.  The orders indicate he was reduced in accordance with National Guard Regulation 600-200, paragraph 
6-44h by reason of the individual’s request without prejudice.

5.  The applicant received his Notification of Eligibility for Retired Pay at 
Age 60 (20-Year Letter) on 28 March 1994.

6.  Office of the Adjutant General, State of New York, Latham, New York Orders Number 015-018, dated 19 January 1996, show the applicant was discharged from the Army National Guard on 1 January 1996 in the rank of SSG, E-6 and was assigned to the Retired Reserve.  

7.  The applicant reached age 60 on 10 October 2006.

8.  Department of the Army, U.S. Army Human Resources Command, St. Louis, Missouri Orders P03-783435, dated 22 March 2007, show the applicant was retired and placed on the retired list on 10 October 2006 in the rank of SSG, E-6.

9.  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.

10.  Army Regulation 135-180, paragraph 1-4 states that retired pay is pay granted Soldiers and former Reserve components Soldiers under Title 10, United States Code, 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 satisfactorily held at any time during an individual’s entire period of service, other than in an inactive section of a Reserve component.


11.  Army Regulation 135-180, paragraph 2-11c states that the Retired Activities Directorate, ARPERCEN [Army Reserve Personnel Center currently known as the Human Resources Command-St. Louis] will screen each retirement applicant’s record to determine the highest grade held by him or her during his or her military service.  In arriving at the highest grade satisfactorily held, one of the criteria indicates that if the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, the retired grade will be that grade which a commissioned officer or enlisted Soldier held while on active duty or in an active reserve status for at least 185 days or six calendar months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to SFC, E-7 on 8 April 1986.

2.  The evidence of record shows the applicant was reduced to SSG, E-6 with an effective date of 1 October 1988.  His reduction orders indicate he was administratively reduced to SSG, E-6 as a result of his request.  

3.  Orders were published on 22 March 2007 which show the applicant was retired and placed on the retired list on 10 October 2006 in the rank of SSG.

4.  Advancement on the retired list to highest grade held is based on satisfactory service in that grade.  The evidence of record indicates the applicant satisfactorily served as an SFC, E-7 for more than 185 days and six calendar months.

5.  It appears that an error exists in this case regarding the applicant’s retirement grade.  Therefore, it would be appropriate to amend the applicant’s retirement orders to show he was placed on the retired list in the rank of SFC.

BOARD VOTE:

xxx______  xx______  xx______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 amending Department of the Army, U.S. Army Human Resources Command, 
St. Louis, Missouri Orders P03-783435, dated 22 March 2007, to show he was retired and placed on the retired list on 10 October 2006 in the retired grade of SFC, E-7.

2.  That, upon implementation of the correction in paragraph 1 above, the Defense Finance and Accounting Service should audit the retired pay account of the individual concerned to determine all monies due to him and that he be paid all monies due to him.



      xxxxxxxxxxxxxx ___
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005653



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005653



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1