IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130003266
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 he retired from the U.S. Army Reserve (USAR) in 2002 in the rank/grade of staff sergeant (SSG)/E-6. He had previously held the rank/grade of sergeant first class (SFC)/E-7; however, he was voluntarily reduced so he could be accept an assignment closer to his home.
3. The applicant provides Orders 6-63, issued by Headquarters, 108th Division (Training), Charlotte, NC on 22 February 1988.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 7 September 1952.
2. On 21 August 1972, he enlisted in Regular Army. On 20 August 1976, he was honorably released from active duty and transferred to the USAR.
3. On 25 October 1983, he was promoted to the rank/grade of SSG/E-6.
4. On 22 February 1988, he was promoted to the rank/grade of SFC/E-7.
5. Orders 62-3, issued by Headquarters, 108th Division (Training), Charlotte, NC on 20 June 1992, reduced him in rank/grade to SSG/E-6, effective 20 June 1992 with a date of rank (DOR) of 25 October 1983.
6. On 29 January 1997, he was issued his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).
7. Orders A-167-1, issued by Headquarters, 108th Division (Institutional Training), Charlotte, NC on 15 June 2000, released him from his current assignment and reassigned him to the USAR Control Group (Retired Reserve), in the rank/grade of SSG/E-6, effective 30 June 2002.
8. His DA Form 201 (Military Personnel Records Jacket) contains no indication of misconduct during his period of service in the USAR, or that any aspect of his service could have been classified as anything other than honorable.
9. Orders P12-940325, issued by the U.S. Army Human Resources Command (HRC), Fort Knox, KY on 8 December 2011, placed him on the Army of the United States (AUS) Retired List, effective 7 September 2012, the date he turned 60 years of age. This order shows he was placed on the Retired List in the rank/grade of SSG/E-6.
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 in the USAR. After several years of service in the grade of E-7, it appears he accepted a voluntary reduction to the grade of E-6. There is no evidence in his MPRJ that indicates the reduction resulted from misconduct, 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 7 September 2012, 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
7 September 2012, the date he was placed on the AUS 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) AR20130003266
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