IN THE CASE OF:
BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100014344
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 records to show he was placed on the Retired List in the pay grade E-8.
2. The applicant states he is not getting retirement pay at the highest grade held. He contends that the highest grade he held was E-8. He took an administrative reduction to the grade of E-7 prior to his retirement and is receiving retirement pay at this grade. He adds that he contacted the Defense Finance and Accounting Service about this issue but he is still receiving retirement pay as an E-7.
3. The applicant provides promotion orders to the rank and pay grade of first sergeant (1SG)/E-8.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 3 January 1949. After having had prior service in the Regular Army and the U.S. Army Reserve, he enlisted in the Army National Guard (ARNG) on 30 April 1987.
2. Oregon Army National Guard (ORARNG) Orders Number 76-1, dated
19 August 1991, promoted him to the rank and grade of sergeant first class (SFC)/E-7.
3. ORARNG Orders Number 5-1, dated 13 March 1996, promoted him to the rank and pay grade of 1SG/E-8.
4. A DA Form 1059 (Service School Academic Report) indicates he completed phase II of the 1SG's Course on 13 April 1996.
5. A DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the period September 1996 through August 1997 shows he was rated as a 1SG during the rated period.
6. ORARNG Orders Number 3-11, dated 11 February 1998, directed his reduction in rank and grade from 1SG/E-8 to SFC/E-7 effective 30 January 1998. These orders show the reduction was as a result of a voluntary request by the individual Soldier.
7. ORARNG Orders Number 189-009, dated 8 July 2005, discharged him from the ARNG in the rank of SFC and reassigned him to the Retired Reserve effective 1 July 2005.
8. U.S. Army Human Resources Command, St. Louis, MO, Orders Number
P09-814401, dated 18 September 2008, placed him on the Retired List effective 3 January 2009 in the rank and pay grade SFC/E-7.
9. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), paragraph 2-11c states that the Retired Activities Directorate, U. S. Army Reserve Personnel Center 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, if the Soldier was transferred to the Retired Reserve on or after 25 February 1975, the retired grade will be that grade which an 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's contention that his records should be corrected to show that he was placed on the Retired List in the pay grade E-8 has been carefully considered.
2. The evidence of record confirms the highest pay grade he was promoted to, held, and satisfactorily served in for over six calendar months while in the ARNG was E-8 as evidenced by the promotion orders and NCO Evaluation Report for the period September 1996 through August 1997. The evidence also confirms that his reduction in rank and pay grade was as a result of a voluntary request by him and not based on misconduct or unsatisfactory performance. Therefore, it would be appropriate to amend U.S. Army Human Resources Command, St. Louis, MO, Orders Number P09-814401, dated 18 September 2008, to show he was placed on the Retired List in pay grade E-8 effective 3 January 2009.
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 U.S. Army Human Resources Command, St. Louis, MO, Orders Number P09-814401, dated 18 September 2008, to show he was placed on the Retired List in pay grade E-8 effective 3 January 2009; and
b. auditing his retired pay account and paying him 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.
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