IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100021564
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, correction of his records to show he retired in the rank of sergeant first class (SFC)/pay grade E-7 instead of staff sergeant (SSG)/E-6.
2. The applicant states he held the pay grade of E-7 for approximately 7 years but he is drawing E-6 retired pay.
3. The applicant provides:
* A Notification of Eligibility for Retired Pay at Age 60 (20-year letter)
* Orders
* Application for full time training duty
* DA Form 4100 (Promotion Recommendation and Board Report)
* DA Form 4102 (Board Recommendation)
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the North Carolina Army National Guard (NCARNG) on 9 May 1966 and he held military occupational specialty 64C (Motor Transport Operator). He served though multiple extensions or enlistments in the NCARNG and he was assigned to Headquarters, 105th Engineer Group.
2. On 3 March 1977, he was promoted to the rank of SFC/E-7. His Enlisted Efficiency Reports from October 1978 through October 1982 show he served satisfactorily in various capacities as an SFC with a date of rank of 3 March 1977.
3. Headquarters, 105th Engineer Group, NCARNG, Orders 16-1, dated 8 July 1983, reduced him from the rank of SFC/E-7 to the rank of SSG/E-6. The reason for the reduction shows "Administrative (individual's own request) without prejudice."
4. On 16 June 1987, by memorandum, NCARNG issued him a 20-year letter. This memorandum notified him that he had completed the required years of service and would be eligible for retired pay upon application at age 60.
5. On 8 August 1987, he was honorably discharged from the NCARNG in the rank/grade of SSG/E-6 and transferred to the U.S. Army Reserve (USAR) Control Group (Retired), St. Louis, MO. The NGB Form 22 (Report of Separation and Record of Service) he was issued shows he completed a total of 21 years of service and 21 years for retired pay.
6. On 2 April 2008, U.S. Army Human Resources Command, St. Louis, published Orders P04-804347, retiring the applicant and placing him on the Retired List in the retired rank/grade of SSG/E-6, effective 18 March 2008, which was his 60th birthday.
7. Army Regulation 135-180 (QUALIFYING SERVICE FOR RETIRED PAY NONREGULAR SERVICE), paragraph 1-4, states that retired pay is pay granted to Soldiers and former Reserve Component Soldiers under Title 10, U.S. Code, 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to SFC/E-7 on 3 March 1977. He served satisfactorily in that rank/grade until he was reduced to the rank/grade of SSG/E-6 on 8 July 1983 at his own request and without prejudice.
2. 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. Therefore, he is entitled to correction of his records to show he retired in the rank/grade of SFC/E7 on his 60th birthday and restoration of all retired pay as a result of this correction.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 Orders P04-804347 issued by U.S. Army Human Resources Command, St. Louis on 2 April 2008 to show his retired rank/grade as SFC/E-7 effective 18 March 2008; and
b. auditing his pay records and paying him all retired pay due as a result of the above 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) AR20100021564
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ABCMR Record of Proceedings (cont) AR20100021564
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