IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080006856
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 correction of his military records to show his retired pay grade as E-6.
2. The applicant states that he was an E-6.
3. The applicant provides a copy of a letter from the Defense Finance and Accounting Service, dated 15 March 2008; and his Report of Separation and Record of Service (NGB 22) from the Illinois Army National Guard, effective
25 March 1979.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Separation documents show that the applicant served in the military as follows:
a. United States Marine Corps, active duty from 25 September 1958 to
22 March 1967, general discharge in pay grade of E-2;
b. United States Navy, active duty from 15 March 1968 to 15 May 1970, honorable discharge in pay grade E-4;
c. United States Army, active duty from 27 August 1970 to 24 June 1977, honorable discharge in pay grade E-5;
d. Illinois Army National Guard, active duty from 4 August 1977 to
25 March 1979, honorable discharge in pay grade E-6 [NGB Form 22 shows his date of rank for E-6 as 7 July 1978.];
e. Illinois Army/Air Force National Guard, active duty from 26 March 1979 to 25 March 1980, honorable discharge in pay grade E-5; and
f. Washington Army National Guard, active duty from 7 December 1989 to 9 August 1990, general discharge in pay grade E-5
3. Item 35 (Record of Assignments) of the applicants Personnel Qualification Record (DA Form 2-1), prepared on 9 August 1990, shows that he held the rank of staff sergeant, pay grade E-6 on 25 March 1979, when he was discharged from the Illinois Army National Guard.
4. Orders, United States Army Reserve (USAR) Personnel Center, St. Louis, Missouri, dated 9 December 1992, discharged the applicant from the Individual Ready Reserve (IRR) effective 31 December 1992, in the pay grade of E-5. On 24 August 1993, that same office published another set of orders to discharge the applicant from the IRR effective 24 August 1993, in the pay grade of E-5.
5. Orders, USAR Personnel Center, St. Louis, Missouri, dated 24 November 2003, placed the applicant on the Retired List effective 14 September 2001, in the rank of sergeant, pay grade E-5. He was authorized retired pay under the provisions of Title 10, United States code, section 12731.
6. Title 10, United States Code, provides that a person entitled to retire, under section 12731 of that title, shall have his retired pay computed on the monthly basic pay of the highest grade satisfactorily held at any time.
DISCUSSION AND CONCLUSIONS:
1. In providing that an individual be retired in the highest grade satisfactorily held, Congress clearly intended to provide for the highest amount of retired pay.
2. The evidence clearly shows that the applicant held the rank of staff sergeant, pay grade E-6 for a period of 8 months and 18 days from 7 July 1978 to his honorable discharge on 25 March 1979.
3. There is no evidence showing that any of his service in the pay grade of E-6 was less than satisfactory.
4. In view of the above, the applicants records should be corrected to show his retired pay grade as E-6.
BOARD VOTE:
____X___ ___X ___ ___X___ 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:
a. amending the applicants retirement orders to show his retired pay grade as E-6, effective 14 September 2001; and
b. paying any monies due him as a result of this correction.
__________X_____________
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) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080006856
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100013481
On 12 September 2007, the U.S. Army Human Resources Command, St. Louis, MO, published Orders P09-791175 retiring the applicant and placing him on the Retired List in his retired rank/grade of SGT/E-5 effective 23 July 2007, the date he turned age 60, in accordance with Title 10, U.S. Code, section 12731. In the applicant's case, the evidence of record shows he was promoted to SSG/E-6 on 12 April 1971 and held that grade until his honorable discharge on 25 March 1974. As a result, the Board...
ARMY | BCMR | CY2012 | 20120000296
Department of Defense Financial Management Regulation (DODFMR), volume 7B (Military Pay Policy and Procedures-Retired Pay), chapter 1 (Initial Entitlements-Retirements), section 0105 (Rank and Pay Grade), paragraph 010501A (General Determinations) states that unless entitled to a higher grade under some other provision of law, those Regular and Reserve members who retire other than for disability, will retire in the Regular or Reserve grade they hold on the date of retirement. By law, a...
ARMY | BCMR | CY2013 | 20130006130
The applicant states: * he held pay grade E-7 in the Illinois Air National Guard from 13 March 1989 to 9 October 1996 * when his unit "revitalized him out," he enlisted in the Illinois Army National Guard (ARNG) and took a voluntary reduction in grade to pay grade E-6 because that was the position available * he transferred to the Oklahoma ARNG and retired there * E-6 was his pay grade at retirement on 1 March 1999 * he requested retirement in pay grade E-7 3. The evidence of record shows...
ARMY | BCMR | CY2013 | 20130019837
The applicant requests, in effect, correction of his records to show his retired rank and grade as staff sergeant (SSG)/E-6. His DD Form 214 shows he held the rank and pay grade of SSG/E-6 on the date of his separation and that he had been promoted to that grade on 30 July 1984. Army Regulation 135-180 (Army National Guard and Army Reserve - Qualifying Service for Retired Pay Non-regular Service) implements statutory authorities governing granting retired pay to Soldiers and former Reserve...
ARMY | BCMR | CY2013 | 20130015929
Army Regulation 135-180 (Army National Guard and Army Reserve Qualifying Service for Retired Pay Nonregular Service) states 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. In the applicant's case, the evidence of record shows he was promoted to SFC/E-7 and successfully held that grade for many years until he was honorably discharged from the USAR on 10 November...
ARMY | BCMR | CY2008 | 20080008632
The applicant's adjusted Army National Guard Retirement Points History Statement Application for Retirement Pay shows that he earned 2,593 cumulative retirement points and a total of 20 years, 11 months, and 20 days of creditable service for retired pay. The evidence of record also shows that the applicant earned 2,593 total points for retired pay and a total of 20 years, 11 months, and 20 days of creditable service for retired pay. As a result, the Board recommends that all the State Army...
ARMY | BCMR | CY2012 | 20120001414
The applicant provides: * Defense Finance and Accounting Service Military Leave and Earnings Statement for a payment on 30 August 1996 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) with an effective date of 15 November 1996 * Certificate of Retirement, dated 13 March 2006 * Army National Guard (ARNG) Retirement Points History Statement prepared on 14 October 2008 * letter from Transition and Separations Branch, U.S. Army Human Resources Command (HRC),...
ARMY | BCMR | CY2014 | 20140018516
The applicant requests, in effect, correction of his records to show he was placed on the retired list in the rank/grade of sergeant first class (SFC)/E-7, the highest grade he satisfactorily held, instead of staff sergeant (SSG)/E-6. By law, a person granted retired pay will receive such pay in the highest grade satisfactorily held by him or her during his or her entire period of service. The applicant's record should be corrected to show his request for retired pay as an SFC was approved.
ARMY | BCMR | CY2010 | 20100009246
The applicant requests, in effect, an upgrade of his 1981 under other than honorable conditions discharge from the Illinois Army National Guard (ILARNG) to an honorable discharge. On 4 September 1980, he was notified in writing of his unit commanders intent to separate him from the ILARNG by reason of misconduct, under the provisions of Army Regulation 135-178 (ARNG and Army Reserve Separation of Enlisted Personnel), chapter 7, under other than honorable conditions. Army Regulation...
ARMY | BCMR | CY2010 | 20100009640
The applicant requests, in effect, sufficient retirement points be awarded from 25 January 2007 to present to show qualifying years of service for nonregular service retirement pay. On 16 July 2009, the Army Board for Correction of Military Records (ABCMR) determined the orders revoking his MOS were to be revoked and his records corrected to show he never lost his aviation MOS and that he had continued to serve in that MOS as an aviator in the IRR. On 16 July 2009, the ABCMR determined the...