PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            3 June 1999
	DOCKET NUMBER:   AR1999018687

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Thomas B. Redfern, III		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, in effect, that he be paid retired pay in the pay grade of E-8 instead of W2.

3.  The applicant states that he will not receive as much retirement pay if he is placed on the Retired List in the pay grade of W2, therefore, he desires to be paid at the rate most advantageous to him, which at is at the pay grade of E-8.

4.  The applicant’s military records show that he enlisted in the Oklahoma Army National Guard (OKARNG) in the pay grade of E-1 on 3 March 1958 and he remained in the OKARNG through a series of reenlistments.  He was promoted to the pay grade of E-8 on 1 May 1982.

5.  On 19 April 1984, he applied for an appointment as a Chief Warrant Office Two (CW2).  He was discharged from the OKARNG on 28 May 1984 and on the following day he accepted an appointment as a CW2.

6.  On 10 March 1989, the requested to be transferred to the Retired Reserve.  

7.  Accordingly, on 15 March 1989, he was honorably released from the OKARNG in the pay grade of W2 and was transferred to the USAR Control Group (Retired).  He had completed over 20 years of ARNG service for retired pay purposes.

8.  Title 10 United States Code (USC), section 3991, provides, in pertinent part, that if a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or the table in section 1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him.

CONCLUSIONS:

1.  The applicant’s placement on the Retired List in the pay grade of W2 was accomplished in accordance with law applicable at the time.

2.  However, in accordance with Title 10 USC, section 3991, he is entitled to retired pay computed under more than one formula.  Therefore, he is entitled to be paid under the applicable formula that is most favorable to him.

3.  Inasmuch as he is now 60 years old, it would be appropriate to correct the records to show that he is entitled to retired pay in the pay grade of E-8 with retroactive pay from the date he initially began receiving retired pay

4.  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 was placed on the Retired List in the pay grade of W2 and paid at the E-8 rate of pay, with retroactive pay from the date he began receiving Retired pay.

BOARD VOTE:  

__rvo ___  __kan ___  ___tbr __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr___
		        CHAIRPERSON

INDEX

CASE ID	AR1999018687	
SUFFIX		
RECON		
DATE BOARDED	1999/06/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  307	129.0500	
2.		
3.		
4.		
5.		
6.