IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140008223
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 records be corrected to show he retired in the pay grade of E-7.
2. The applicant states that prior to a 3-year break in service, he served over 10 years in the U.S. Army Reserve (USAR) in the pay grade of E-7. When he returned to the USAR, he returned in the pay grade of E-6 and served until he met retirement eligibility; however, he was retired in the pay grade of E-6 instead of E-7, the highest grade he held in the USAR.
3. The applicant provides copies of the response from the U.S. Army Human Resources Command (HRC), retirement orders, his 20-Year letter, chronological statement of retirement points, DD Form 214 (Report of Separation from Active Duty), promotion orders, discharge orders, and enlistment contract.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army for 3 years and was honorably released from active duty on 25 August 1978 and was transferred to the USAR on 26 August 1978.
2. He continued to serve in the USAR through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 21 February 1988. He continued to serve in that pay grade until he was honorably discharged from the USAR on 15 June 1999.
3. On 13 January 2005, he again enlisted in the USAR in the pay grade of E-6 for a period of 6 years. He was issued his 20-Year letter on 12 February 2009 and was transferred to the USAR Control Group (Retired) on 20 September 2009.
4. On 15 February 2014, he was placed on the AUS Retired List in the pay grade of E-6.
5. A review of his official records failed to show any indication that the applicant was ever reduced in grade due to misconduct.
6. Section 1370(d) of Title 10, U.S. Code, provides that an individual entitled to non-regular retired pay shall upon application for retired pay be credited with satisfactory service in the highest grade in which that person served satisfactorily at any time in the armed forces.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant satisfactorily served in the USAR in the pay grade of E-7 from 21 February 1988 until he was honorably discharged from the USAR on 15 June 1999.
2. Although he enlisted in the USAR in the pay grade of E-6 on 13 January 2005 and served until he reached retirement eligibility, he is entitled by statute to be retired in the highest grade in which he satisfactorily served at any time in the armed forces.
3. Accordingly, his records should be corrected to show that he was placed on the AUS Retired List in the pay grade of E-7 on 15 February 2014 and is entitled to retired pay at that rate effective 15 February 2014 with entitlement to all back retired pay that flow from that change.
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 showing that he was placed on the AUS Retired List in the pay grade of E-7 on 15 February 2014 and is entitled to retired pay at that rate effective 15 February 2014 with entitlement to all retired pay that flow from that change.
_______ _ 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) AR20140008223
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ABCMR Record of Proceedings (cont) AR20140008223
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