PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 April 1999                  
	DOCKET NUMBER:   AR1999016578

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Gary F. Geraets		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 the orders which retired him be amended to include the entry that he will be advanced on the retired list to the highest grade he successfully held upon completion of 30 years of service.

3.  The applicant states that finance will not advance him on the retired list because of this omission.

4.  The applicant’s military records show that he was commissioned as a second lieutenant, Marine Corps Reserve, entered on active duty on 27 May 1966, accepted an appointment as a regular officer on 4 August 1967, was promoted to captain on 1 October 1968, and was honorably discharged on 30 November 1976 for unspecified reasons.

5..He enlisted in the USAR in pay grade E-7 on 31 May 1977 and entered on active duty in the Active Guard and Reserve (AGR) program on 4 October 1982.  

6.  He served continuously on active duty in the AGR program until his release from active duty on 31 December 1987 and placement on the retired list the following day.  The orders affecting his retirement did not contain a statement that the applicant would be advanced on the retired list to the highest grade he held upon reaching 30 years of service.

7.  Title 10, USC, §3964, in effect at the time, stated in pertinent part that reserve enlisted members of the Army who, at the time of retirement, are serving on active duty, will be advanced on the retired list to the highest grade they served satisfactorily when their service on the retired list and their active service totals 30 years.

CONCLUSIONS:

1.  There was an obvious omission on the applicant’s retirement orders which has unjustly denied him his statutory right to be advanced on the retired list to his commissioned grade.

2.  As such, his retirement orders should be amended to include the statement that he will be advanced on the retired list to the highest grade he successfully held, captain, upon reaching 30 years of active service and service on the retired list.

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 by:

	a.  showing that the retirement orders of the individual concerned were amended to include the statement that he will be advanced on the retired list to the highest grade he successfully held, captain, upon reaching 30 years of active service and service on the retired list.; 

	b.  advancing him to the rank of captain effective the date his active service and his service on the retired list totaled 30 years; and

	b.  paying to him the difference in retired pay that this correction will necessitate.

BOARD VOTE:  

_CMF___  _SK_____  _GFG___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Calvin M. Fowler____________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016578	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990421	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.