IN THE CASE OF:	  

		BOARD DATE:  11 September 2012

		DOCKET NUMBER:  AR20120003519


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 record to show he was retired in the grade of E-7, the highest grade he satisfactorily held.

2.  The applicant states:

* on 20 July 1995, he was separated from the Utah Army National Guard (UTARNG) as a sergeant (SGT)/E-5
* his National Guard Bureau (NGB) Form 23C (ARNG Retirement Points History Statement – Application for Retirement Pay) shows the highest grade he held was E-5
* he was discharged from active duty in the U.S. Coast Guard (USCG) in the rank/grade of Chief Machinery Technician Chief (MKC)/E-7
* he enlisted in the ARNG in the rank/grade of staff sergeant (SSG)/E-6
* this error has messed up his retirement and his pay

3.  The applicant provides:

* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 5 December 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty) from the USCG for the period ending 10 March 1982
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) for enlistment in the ARNG in the grade of E-6 for 3 years on 4 May 1985


* Orders 123-01, issued by Headquarters, 115th Engineer Group, UTARNG, dated 21 December 1994
* NGB Form 23C prepared on 14 October 2009
* memorandum from the UTARNG, subject:  Notification of Eligibility for Retired Pay at Age 60 (known as the 20-year letter), dated 27 July 1993
* DD Form 108 (Application for Retired Pay Benefits), dated 6 November 2009
* DD Form 2656 (Data for Payment of Retired Personnel), dated
6 November 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 9 November 1949.

2.  On 16 October 1967, he enlisted in Regular USCG.  On 15 October 1971, he was honorably released from active duty and he was transferred to the USCG Reserve to complete his remaining service obligation.

3.  On 24 October 1973, he again entered active duty with the Regular USCG and he continued to serve until he was honorably discharged on 10 March 1982.  The DD Form 214 he was issued shows he was separated in the rank/grade of MKC/E-7 with a date of rank of 1 July 1981.

4.  His available record contains no indication he was punished under the Uniform Code of Military Justice (UCMJ) during his period of service in the Regular USCG, or that any aspect of his service could have been classified as anything other than honorable.

5.  On 4 May 1985, he enlisted in the UTARNG in the rank/grade of SSG/E-6.

6.  Orders 123-01, dated 21 December 1994, reduced the applicant from SSG/
E-6 to SGT/E-5, effective 4 January 1995, by reason of inefficiency.

7.  Orders 125-147, issued by Headquarters, UTARNG, Office of The Adjutant General, dated 19 July 1995, discharged him from the UTARNG and reassigned him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) with a General Discharge Certificate, effective 20 July 1995.

8.  Orders C-07-922305, issued by the U.S. Army Reserve Personnel Command, St. Louis, MO, dated 16 July 1999, reassigned him to the Retired Reserve, effective 19 July 1999.  His rank on these orders is shown as SGT.


9.  Orders P12-911920, issued by the U.S. Army Human Resources Command (HRC), St. Louis, dated 2 December 2009, placed him on the Retired List effective 9 November 2009, the date he turned 60 years of age.  This order shows he was placed on the Retired List in the rank/grade of SGT/E-5.

10.  Title 10, U.S. Code, section 1406, provides the legal authority for establishing the retired pay base for members who first became members before 8 September 1980.  Paragraph (b)(2) contains guidance on non-regular service retirement under the provisions of Title 10, U.S. Code, section 12731.  It states in the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted, of the highest grade held satisfactorily by the person at any time in the armed forces. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show he was retired in the grade of E-7, the highest grade he satisfactorily held, was carefully considered.

2.  The evidence of record in this case confirms he was promoted to the grade of E-7 while serving on active duty in the Regular USCG.  There is no evidence in his available record that indicates he was punished under the UCMJ during his period of service in the Regular USCG, or that any aspect of his service could have been classified as anything other than honorable.

3.  By law, in connection with a non-regular retirement, Soldiers are entitled to receive retired pay in the highest grade held satisfactorily by the person at any time while in the armed forces.  The evidence of record in this case confirms he served satisfactorily in the grade of E-7. 

4.  In view of the foregoing, his record should be corrected to show he was authorized to receive non-regular retired pay based on the grade of E-7, effective 9 November 2009, the date he was placed on the Retired List.  It would also be appropriate to provide him all back retired pay due 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 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.  showing he was retired in the grade of E-7;

	b.  showing he is entitled to receive retired pay in that grade as of
9 November 2009, the date he was placed on the Retired List; and

	c.  paying him all back retired pay due 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)                                         AR20090005877



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ABCMR Record of Proceedings (cont)                                         AR20120003519



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