PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 July 2000
	DOCKET NUMBER:   AR1999028583

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 he be retired in the pay grade of E-6.

3.  The applicant states, in effect, that he should have been placed on the Retired List in the pay grade of E-6 instead of the pay grade of E-5 and paid at that rate accordingly.

4.  The applicant’s military records show that he enlisted in the Texas Army National Guard (TXARNG) on 15 January 1956 and served in that capacity until he was honorably transferred to the USAR on 1 February 1959.  He remained in the USAR until 31 January 1964.

5.  On 23 August 1969 he again enlisted in the TXARNG and remained there until he transferred to the California ARNG (CAARNG).  He subsequently transferred back to the TXARNG and remained there until he was transferred to the USAR Control Group (Retired) on 28 July 1991 in the pay grade of E-5.

6.  His records also show that he was initially promoted to the pay grade of E-5 on October 1972 and to the pay grade of E-6 on 1 May 1981.  On 31 December 1984 he accepted an administrative reduction to the pay grade of E-5 to accept a vacant position.

7.  On 16 March 1988 the National Guard Bureau (NGB) issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) notifying him that he was eligible to apply for Retired Pay effective 20 September 1998.  The notification indicated his pay grade as an E-5.

8.  Accordingly, he was authorized Retired Pay in the pay grade of E-5 effective 20 September 1998 under the provisions of Section 12731, Title 10, United States Code.

9.  Title 10, U.S. Code, section 1406, governs non-regular service retirement and provides, in effect, that a Reserve of National Guard member who is entitled to retired pay under section 12731 of this title shall be retired in the highest grade held satisfactorily by the person at any time in the armed forces. 

CONCLUSIONS:

1.  The applicant was promoted to the pay grade of E-6 while serving in the USAR and accepted an administrative reduction in grade to accept another position.  Therefore, in accordance the laws in effect at the time, the applicant was entitled to be retired in the pay grade of E-6, the highest grade he held while serving in the armed forces.

2.  Accordingly, he should have been retired on 20 September 1998 in the pay grade of E-6 and paid at that rate.

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 showing that the individual concerned was retired on 20 September 1998 in the pay grade of E-6, instead of E-5, and that he is entitled to all back pay and allowances from that date.

BOARD VOTE:  

___ra ___  ___js ___  ___rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028583	
SUFFIX		
RECON		
DATE BOARDED	2000/07/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  342	136.0400/RET GRD	
2.		
3.		
4.		
5.		
6.