PROCEEDINGS

	IN THE CASE OF:       .

	BOARD DATE:           10 February 2000                  
	DOCKET NUMBER:   AR1999025703

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Stueve 		Member	
	Mr. Kenneth L. Wright		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.  In effect, the applicant requests that his DD Form 214 be corrected to show that he received the Good Conduct Medal and the Meritorious Service Medal.  He also requests credit for inactive service, served prior to 15 September 1981, and consequently, an additional 21/2 percent in retired pay.  He further requests advancement on the retired list to the rank of Major.  

3.  The applicant states that prior to entering on active duty he served with the Minnesota Army National Guard from 1956 to 1957.  

4.  The applicant’s military records show that he was born on 19 October 1938, served in the Army National Guard for 1 year, 1 month, and 21 days, and was discharged on 31 October 1957 upon his enlistment in the Regular Army.  He enlisted in the Regular Army on 1 November 1957 and was released from active duty in the rank of Corporal on 29 September 1961 and transferred to the Army Reserve Control Group (Reinforcement).  He had 3 years, 10 months, and        29 days of service.  His DD Form 214 shows award of the Good Conduct Medal.

5.  He enlisted in the Army on 21 December 1961 and was discharged to accept a commission on 14 May 1967.  His DD Form 214 shows he was awarded the Good Conduct Medal with two bronze loops.  

6.  The applicant served as a Reserve commissioned officer on active duty, attaining the rank of Captain.  He was released from active duty on                       4 September 1973 and assigned to the Army Reserve Control Group (Standby).  He enlisted in the Army in the rank of Sergeant on 5 September 1973.  He reenlisted for three years on 27 July 1976.  On 23 December 1976 he received the Good Conduct Medal (3d award) for the period 5 September 1973 to              4 September 1976.

7.  He was promoted to Major in the Reserve on 17 October 1977.

8.  The applicant was promoted to Sergeant First Class effective 1 October 1978. He received the 4th award of the Good Conduct Medal for the period                     5 September 1976 to 4 September 1979.

9.  The applicant was awarded the Meritorious Service Medal for the period       12 July 1976 to 30 September 1980.  He applied for voluntary retirement with an effective date of 1 October 1980 and requested transfer to the Retired Reserve in a commissioned status.  His request showed that the grade of Captain was the highest grade in which he served on active duty.  He was retired from the Army on 30 September 1980 as a Sergeant First Class, pay grade E-7.  His               DD Form 214 does not show award of the Meritorious Service Medal or any awards of the Good Conduct Medal. 

10.  The applicant’s DA Form 2339, Application for Voluntary Retirement, shows that he had 22 years, 8 months, and 24 days of total active service creditable for retirement, and 1 year, 3 months, and 27 days of total inactive service creditable for basic pay only.

11.  The applicant was advanced to Captain on the retired list on                        22 January 1988 in accordance with the provisions of Title 10 USC section 3992.

12.  Army Regulation 635-200, chapter 12, sets forth policies and procedures for voluntary retirement of soldiers because of length of service.  Paragraph 12-3 states that soldiers of the Regular Army must be on active duty when they retire. Retirement will be in the regular or reserve grade the soldier holds on the date of retirement.  Years of service for retirement are computed by adding all active Federal service in the Armed Forces and service computed under 10 USC 3925. (section 3925 concerns soldiers who have more than 20 years of active federal service but less than 30 years).  Paragraph 12-4 states in pertinent part that a soldier who holds a current commission in the Army Reserve will be transferred to the Retired Reserve in the status he elects.  

13.  Title 10 USC section 1409 states that in computing retired pay multiplier for regular service, as a general rule, the percentage to be used is the product (stated as a percentage) of 21/2, and the member’s years of creditable service, that is the number of years of service creditable to a member in computing the member’s retired pay.

14.  Paragraph 12-6 pertains to advancement on the retired list.  As used in that paragraph, active service means full-time duty in the active military service of the United States.  It includes full-time training duty and annual training duty, but does not include full-time National Guard duty (10 USC 101(22).  Active service means service on active duty or full-time National Guard duty (10 USC 101(24).
That paragraph states in pertinent part that retired soldiers who have less than 30 years of active service are entitled, when their active service plus service on the retired list total 30 years, to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily.  For advancement to a commissioned officer grade, the soldier must have served on active duty in this grade for not less than 6 months. 
 
CONCLUSIONS:

1.  The applicant was awarded the Meritorious Service Medal and four awards of the Army Good Conduct Medal.  Those awards should be reflected on his          DD Form 214.

2.  The applicant’s inactive service is not creditable for retired pay.  He is not entitled to an increase in retired pay based on this service.
3.  The highest grade in which he served satisfactorily while on active duty was captain and he was advanced on the retired list in that grade in 1988.  The applicant was promoted to major in the Reserve on 17 October 1977; however, he did not serve on active duty in that grade.  Consequently, he is not entitled to advancement to major on the retired list.  

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 by showing that the applicant was awarded the Meritorious Service Medal and four awards of the Army Good Conduct Medal.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___vbc__  ___jps___  ___klw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999025703	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000210	
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.  46	107.00	
2.	129.00	
3.	136.00	
4.		
5.		
6.