PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 July 1999   
	DOCKET NUMBER:   AR1999015392

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Mr. Roger W. Able		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 that he was promoted to Chief Warrant Officer Four (CW4) effective 19 March 1998, that he be paid the difference between CW3 and CW4 in active duty pay and allowances for the period 19 March 1998 to 30 June 1998, and that he received retired pay in the grade of W4 retroactive to 1 July 1998.

3.  The applicant states that he was promoted to CW4 effective 19 March 1998; however, his promotion was administratively delayed.  Consequently, the order promoting him was published one day after he retired. 

4.  The applicant’s military records show that he entered active duty on              29 June 1967 and was released from active duty as a Sergeant E-5                   on 3 February 1970.  His records from 1970 until shortly prior to his retirement are not available.  

5.  The applicant was promoted to CW4 by the Wisconsin Army National Guard effective 19 March 1998; however, he was not federally recognized in the grade of W4 until 1 July 1998, one day after his retirement date. 

6.  The applicant’s DD Form 214 shows that he retired from the Army on            30 June 1998 in the rank and pay grade of CW3, W3, with over 20 years of service.  On 4 December 1998 his DD Form 214 was corrected to show his rank and pay grade as CW4, W4, with an effective date of 19 March 1998.

7.  Information obtained from the applicant on 6 July 1999 revealed that he had been paid the difference between the pay grade of W3 and W4 for the period     19 March 1998 to 30 June 1998, but was not being paid in his retired pay grade of W4. 

8.  Information received from an official in the Defense Finance and Accounting Service (DFAS) at Cleveland on 7 July 1999 revealed that the applicant was receiving pay in the retired pay grade of W3.

9.  Army Regulation 600-8-24 prescribes policies and procedures governing transfer and discharge of Army officer personnel.  Paragraph 6-1 applies to nondisability retirement of active duty list commissioned and warrant officers to include AGR (Active Guard/Reserve) commissioned and warrant officers who have 20 years or more of active federal service, and states in pertinent part, that a warrant officer retires in the permanent Regular or Reserve warrant officer grade that he held on the day before his retirement in the higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army, for a period of more than 30 days.

CONCLUSIONS:

1.  The applicant was promoted to CW4 effective 19 March 1998, and his records were corrected to show that he retired in the rank and pay grade of CW4, W4 on 30 June 1998.  He served more than 30 days on active duty as a CW4 and should receive retired pay in the pay grade of W4. 

2.  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 by showing that the individual concerned retired in the rank and pay grade of CW4 W4 on 30 June 1998 and that he receive retired pay in that pay grade retroactive to 1 July 1998. 

BOARD VOTE:  

__jh____  __rvo___  ___rwa__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015392	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990708	
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. 110.00		
2. 128.00		
3.		
4.		
5.		
6.