PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 August 2000
	DOCKET NUMBER:   AR2000037257

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 provided back pay and allowances due as a result of his being advanced to the rank and pay grade of Master Sergeant/E-7 (MSG/E-7) on the Retired List on 29 August 1977.

3.  The applicant states, in effect, that he is once again submitting a request for advancement in his pay grade on the Retired List.  He has enclosed copies of all previous correspondence with Department of the Army (DA) in regard to this issue.  He claims that he has been trying for over 20 years to be advanced on the Retired List but because of the restructure of ranks and pay grades he has been unable to accomplish this action.  

4.  The applicant’s military records show that on 31 October 1967 he was released from active duty (REFRAD), in the rank and pay grade of Sergeant First Class/E-6 (SFC/E-6), after completing a total of 20 years, 2 months, and 2 days of active military service.  He was REFRAD under the provisions of Title 10 of the United States Code, section 3914, by reason of length of service retirement, and on the day following his REFRAD he was placed on the Retired List in the rank and pay grade of SFC/E-6.  

5.  The evidence or record includes a War Department (WD) Adjutant General Office (AGO) Form 24A (Service Record) which documents the applicant’s record of service for a prior service period from 6 December 1949 to 5 December 1953.  Section 12 (Appointments, Promotions, or Reductions) of this form shows that the applicant attained the rank of MSG/E-7 on 28 November 1952 and that he satisfactorily served in that rank and pay grade until his expiration of term of service (ETS) on 5 December 1953.

6.  Also on file, is a Department of Defense (DD) Form 214 (Report of Separation From the Armed Forces of the United States) that was issued to the applicant upon his ETS separation.  This document verifies that on 5 December 1953 he was honorably discharged, in the rank and pay grade of MSG/E-7, after completing 4 years of service on that particular enlistment.  

7.  The applicant reentered active duty on 5 October 1955 and served on active duty continuously until his REFRAD, in the rank of SFC/E-6, by reason of length of service retirement.  The record includes a Data For Retired Pay Form
(AGPZ Form 977) completed on the applicant during his retirement processing.  Block 3 (Retired Grade) of this form confirms that the applicant was being placed on the Retired List in the rank and pay grade of SFC/E-6 and block 6 (Highest Grade Attained) verifies that the highest rank and pay grade he attained while on active duty was MSG/E-7.  

8.  An AGUZ Form 658 (Determination of Grade for Retirement, Advancement, Separation or Retirement Pay) was completed by the AGO on 16 May 1977.  This document contained the approval for the applicant’s advancement to the rank and pay grade of MSG/E-7 on the Retired List.  The applicant was apprised of the results of this review in a letter from the Director of Retired Activities of the AGO, dated 20 May 1977.  It confirmed that the applicant had been advanced to MSG/E-7 on the Retired List, effective 29 August 1977.  

9.  In connection with the processing of this case, a staff member of the Army Grade Determination Review Board contacted the Defense Finance and Accounting Service (DFAS) and confirmed that the applicant was receiving retired pay based on his holding a retired pay grade of E-6.

10.  Title 10 of the United States Code, section 3964 provides the legal authority for the advancement of enlisted members of the Army on the Retired List.  It states, in pertinent part, that each enlisted retired member of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his 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. 

CONCLUSIONS:

1.  After careful review of the evidence of record and the independent evidence submitted by the applicant, the Board finds that relief is warranted in this case. 

2.  The evidence or record verifies that the applicant held and satisfactorily served on active duty in the rank and pay grade of MSG/E-7 and that on 
29 August 1977, he was advanced to the rank and pay grade of MSG/E-7 on the Retired List by the proper authority.  Therefore, the Board concludes it would be appropriate to correct the applicant’s pay records to show that he has been entitled to retired pay in the pay grade of E-7 since the effective date of his advancement on the Retired List. 

3.  In addition, the Board finds that it would be appropriate to provide the applicant all back pay and allowances that have accrued since 29 August 1977, the date of his advancement to the rank and pay of MSG/E-7 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 individual concerned was advanced to the rank and pay grade of MSG/E-7 on the Retired List, effective 29 August 1977.

2.  That the individual concerned be provided all back pay and allowances that have accrued since 29 August 1977, the date he was advanced to the pay grade of E-7 on the Retired List. 

BOARD VOTE:  

__ra____  ____jdm _  __cg ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John D. Miller_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000037257	
SUFFIX		
RECON		
DATE BOARDED	2000/08/29	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1967/10/31	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900	
2.  307	129.0500	
3.		
4.		
5.		
6.