PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           16 June 1999     
	DOCKET NUMBER:   AR1998002432

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show his correct pay grade of E-4, with pay adjustments for the months applicable.  

3.  The applicant states that he was promoted to E-4 but never received pay at that grade.  In support of his request the applicant submits a copy of his DD Form 214 (Report of Separation), his retired pay statement effective 31 December 1991, and his leave and earnings statement for the period 1-31 January 1991.  

4.  The applicant’s military records show that he was promoted to the pay grade of E-4 with a date of rank and effective date of 1 December 1990.  There is no evidence he was ever subsequently reduced in grade.

5.  On 23 April 1991, the applicant was placed on the Temporary Disability Retired List (TDRL), and permanently retired on 27 January 1994.  His separation documents reflect separation in the pay grade of E-4.

6.  A conversation with a representative from the Defense Finance and Accounting Service (DFAS) -Indianapolis, revealed that a review of the applicant’s finance records shows that he was never paid as an E-4.  

7.  Computation of retired pay is governed by Title 10, United States Code, Section 1407.  This statute requires that an individuals retired pay be based on the average of the highest 36 months of basic pay received, if the service is less than 36 months, it is based on the average of all pay received.

CONCLUSIONS:

1.  The applicant was promoted to the pay grade of E-4 effective 1 December 1990, but never received pay at that grade. 

2.  When the applicant’s disability pay was computed it did not include his months of service in the pay grade of E-4 which would have increased the average amount of pay he received and thus raised the amount of his retired pay. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected
  
	a.  by showing that the applicant was promoted to the pay grade of E-4, effective 1 December 1990, with entitlements to pay and allowance from that date, and 
	b.  by requesting that DFAS-Cleveland recompute his disability retired pay, to include his months of service as an E-4 from 1 December 1990, the effective date of his promotion, until 23 April 1991 the date his name was placed on the TRDL.  

BOARD VOTE:  

____jma_  __mhm___  __alr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998002432	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990616	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	( GRANT )	
REVIEW AUTHORITY		
ISSUES         1. 128.00		
2.		
3.		
4.		
5.		
6.