IN THE CASE OF:
BOARD DATE: 12 AUGUST 2008
DOCKET NUMBER: AR20080009984
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 that his retired pay grade be changed from the pay grade of E-7 to the pay grade of E-8.
2. The applicant states, in effect, that he was serving in the pay grade of E-8 when he was placed on the Retired List. However, a typographical error was made by the Retirement Services Office that resulted in his being paid as an E-7.
3. The applicant provides a copy of his DD Form 214 Worksheet, a copy of his Application for Voluntary Retirement (DA Form 2339), a copy of his retirement orders and a copy of a letter from the Defense Finance and Accounting Service (DFAS) advising him to apply to this Board to have his records corrected.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 January 1986 for a period of 4 years and training as a dental specialist. He successfully completed his training and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-8 on 1 November 2004 and accepted a 2-year service obligation with the promotion.
2. On 16 February 2006, the applicant submitted a Request for Voluntary Retirement to be effective 31 October 2006. He was serving in the pay grade of E-8 at the time. However, in block 6, he indicated that the highest grade he had served in was the pay grade of E-7. He authenticated that form with his signature.
3. On 28 March 2006, orders were published at Fort Eustis, Virginia which directed his relief from active duty to be effective 31 October 2006 and placement on the Retired List in the pay grade of E-8 effective 1 November 2006.
4. On 31 October 2006, he was honorably released from active duty (REFRAD) in the pay grade of E-8 and was transferred to the Retired List on 1 November 2006. However, for reasons that are not apparent, the applicant was placed on the Retired List in the pay grade of E-7.
5. A review of the applicants Official Military Personnel File (OMPF) failed to reveal any evidence that the applicant was reduced to the pay grade of E-7 prior to his release from active duty.
6. Title 10, United States Code, provides, in pertinent part, that enlisted personnel who have serve at least 20 years of active duty service but less than 30 years of active duty service will be retired in the pay grade held at the time of placement on the Retired List.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that a typographical error resulted in his being placed on the Retired List in the pay grade of E-7 instead of the pay grade of E-8 has been noted and found to have merit.
2. The applicant was serving in the pay grade of E-8 at the time he submitted his request for retirement and he served exactly 2 years in grade before he was REFRAD and was transferred to the Retired List.
3. Therefore, it seems logical that the administrative error on his application for retirement which indicates that the highest grade in which he had served was the pay grade of E-7 was the resultant cause of his being improperly paid in the pay grade of E-7 instead of the pay grade of E-8.
4. Accordingly, it would be in the interest of justice to correct his records to show that he was placed on the Retired list in the pay grade of E-8 effective 1 November 2006, and paying him all back pay and allowances to which he is entitled from that date.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 showing that he was placed on the Retired list in the pay grade of E-8 effective 1 November 2006, and paying him all back pay and allowances to which he is entitled from that date.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___ XXX ___
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) AR20080009984
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ABCMR Record of Proceedings (cont) AR20080009984
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