PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 24 June 1999
	DOCKET NUMBER:        AR1999020918

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Gary C. Miller		Member	
	Mr. Curtis L. Greenway		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 correction of his military records to show that his retired pay is computed on the pay grade of SFC/E-7 instead of SSG/E-6.

3.  The applicant states, in effect, that he would receive a higher payment as SFC, the highest grade held, than that of a SSG, his current retired grade.  In support of his application he submits copies of DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), copies of his DA Form 20 (Enlisted Qualification Record) and a copy of orders 49-795, dated 7 September 1976 (Retirement Orders).

4.  The applicant’s military records show he was placed on the Army of the United States Retired List effective 30 September 1976 in the pay grade of
SSG/E-6.  

5.  The applicant’s DA Form 3713 (Data for Retired Pay) shows the applicant was retired in grade SSG/E-6 under the provisions of Title 10 United States Code 3914 with 20 years, 5 months, and 18 days of active service.

6.  Evidence or record shows that he was promoted to the grade of SFC/E-7 on 14 September 1968.  He was discharged on 6 November 1970.  

7.  After a break in service, he enlisted in the pay grade of SSG/E6 on 10 February 1971.

8.  He was serving in the pay grade of SSG/E-6 at the time he applied for retirement.

9.  There is no evidence in the available records to show that at the time the applicant was separating that he advised anyone that he had served in the grade of SFC/E-7.

10.  Title 10 United States Code section 3964 provides, in pertinent part, that an enlisted member of the Regular Army who is retired with less than 30 years of active service, is entitled when his active service plus service on the retired list totals 30 years to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily as determined by the Secretary of the Army.  Section 3992 of Title l0 United States Code entitles an enlisted member of the Army, who is advanced on the retired list under section 3964, to recomputation of his retired pay based on that advancement. 

CONCLUSIONS:

1.  The applicant served satisfactorily in pay grade SFC/E-7 from 14 September 1968 to 6 November 1970.

2.  Calculations show that he applicant would have completed a total of 30 years of active service and retired list status on 30 April 1986.

3.  In providing that an individual be retired in the highest grade satisfactorily held, Congress clearly intended to provide the highest amount of retired pay.  Therefore, the applicant should be advanced on the retired list to pay grade E-7.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual concerned was advanced to the highest grade held (pay grade of E-7) effective 30 April 1986.

2.  That his retired pay be recomputed based on the highest grade held.

3.  That he be paid all back pay and allowances based on recomputation of his retired pay from the effective date of advancement to highest grade held of SFC/E7.

BOARD VOTE:  

RVO_____  GCM___  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999020918	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990624	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19760930	
DISCHARGE AUTHORITY	AR Title 10 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  306		
2.		
3.		
4.		
5.		
6.