PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:            27 May 1999
	DOCKET NUMBER:   AR1998013506

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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 he be retired in the pay grade of E-7 and that his report of separation (DD Form 214) be corrected to reflect that he was awarded the Meritorious Service Medal (MSM).

3.  The applicant states, in effect, that he was promoted to the pay grade of E-7 on 1 April 1984 while serving on active duty in the Active Guard/Reserve (AGR) Program and accepted a voluntary administrative reduction to the pay grade of E-6 in order to fill another AGR vacancy on 2 July 1993.   He further states that he should have been retired in the pay grade of E-7 instead of the pay grade of E-6 in accordance with changes implemented by the National Defense Authorization Act for Fiscal Year (FY) 1997.  Additionally, he was awarded the MSM and it was not entered on his DD Form 214 at the time of his retirement.

4.  The applicant’s military records show that the applicant was promoted to the pay grade of E-7 on 1 April 1984 while serving in the AGR Program of the Pennsylvania Army National Guard.  On 2 July 1993 he accepted a voluntary reduction in grade in order to accept another AGR position. 

5.  The applicant was awarded the MSM for retirement on 26 November 1996 on permanent orders number 37-2 issued by Headquarters, 28th Infantry Division.

6.  On 31 December 1996 he was honorably released from active duty in the pay grade of E-6 and was placed on the Retired list effective 1 January 1997.  He had served 20 years and 21 days of total active service.  At the time retirement, his award of the MSM was not included on his DD Form 214.

7.  Title 10, U.S. Code, section 3963, as amended by the National Defense Authorization Act for FY 1997, provides, in effect, that a full-time Reserve or National Guard member who is retired under section 3914 of this title shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily, as determined by the Secretary of the Army.  This applies to Reserve or full-time National Guard members who at the time of retirement are serving on active duty in a grade lower than the highest grade held by the member on active duty and was previously administratively reduced in grade not as a result of the member’s own misconduct.  This applies to members who are retired after 30 September 1996.

CONCLUSIONS:

1.  The applicant was promoted to the pay grade of E-7 while serving on active duty in the AGR Program and subsequently (9 years later) accepted a voluntary administrative reduction in grade (to pay grade E-6) to accept another AGR vacancy.  Therefore, in accordance the laws in effect at the time, the applicant was entitled to be retired in the pay grade of E-7.
2.  The applicant also received an award of the MSM prior to his retirement that is not reflect on his DD Form 214.  Therefore, it would be in the interest of justice to correct this administrative error at this time.

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 individual concerned was placed on the Retired list in the pay grade of E-7 effective 1 January 1997, with entitlement to all back pay and allowances; and

b.  by showing that he was awarded the MSM. 

BOARD VOTE:  

__mw ___  ___klw __  __elw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Edward L. Williamson___
		        CHAIRPERSON

INDEX

CASE ID	AR1998013506	
SUFFIX		
RECON		
DATE BOARDED	1999/05/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000/promotion	
2.  1	110.0400/add approved award	
3.  338 	136.0000/ret	
4.		
5.		
6.