PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  8 September 1999
	DOCKET NUMBER:   AR1999018354

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff		Member	
	Mr. Orville W. Troesch, Jr.		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 retired in grade E-6.

3.  The applicant states that he was an E-6 for over 13 years and took an administrative reduction to E-5.  His retired pay should be as an E-6.

4.  The applicant’s military records show that at the time of his separation from the ARNG and transfer to the Retire Reserve on 9 May 1994 he was serving in grade E-5.  He was 60 years of age on 5 September 1998.  The date of rank on the NGB 22 (report of separation) of 24 June 1994 is an obvious error since it is two weeks after his separation.  He had over 20 qualifying years of service for retired pay.  His DA Form 2-1 qualification record shows that he was promoted to grade E-5 effective 30 January 1976.

5.  Also in the available record is a 13 December 1980 order that promoted the applicant to grade E-6 effective the same date.  A 24 June 1992 order in the record reduced him to grade E-5 effective the same date and the reason shown is “Administrative” under authority of NGR 600-200.

6.  Army Regulation 135-180 provides the policy for the granting of retired pay to Reserve Component soldiers.  It provides, in pertinent part, that for a soldier transferred to the Retired Reserve after 25 February 1975, the retired grade will be the highest grade which the soldier held while in an active Reserve status for at least 185 days.

CONCLUSIONS:

1.  The 24 June 1992 order that reduced the applicant to E-5 states that it was administrative in nature and he is entitled to restoration to grade E-6, which he held for over 10 years, for retired pay purposes in accordance with regulations in effect.

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 is entitled to retired pay in the grade of E-6 from his eligibility date of 5 September 1998.

BOARD VOTE:  

___FM___  ___KW_  ___OT___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred K. McCoy_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999018354	
SUFFIX		
RECON		
DATE BOARDED	19990908	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.