PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 June 2000
	DOCKET NUMBER:   AR2000037542

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 advanced on the Retired List to the rank of Captain.

3.  The applicant states, in effect, that he was retired from the Army Reserve on 4 November 1987 in the rank of Chief Warrant Officer Four (CW4); however, he served as a Captain in the Air Force and desires to be advanced on the Retired List to the highest grade he held. 

4.  The applicant’s military records show that he served in an enlisted status in the Navy from 23 August 1945 to 27 October 1948.  He was then commissioned as a Second Lieutenant in the Air Force and entered active duty on 9 February 1953.  He was promoted to the rank of Captain on 29 December 1958 and continued to serve until he resigned his commission on 20 June 1962.  On 5 December 1970 he was appointed as a USAR Warrant Officer.  He was promoted to the rank of CW4 on 16 November 1982.

5.  On 23 January 1986 the Army Reserve Personnel Center (now known as ARPERSCOM) notified the applicant (20-year letter) that he had completed the required years of service to be eligible for Retired pay at age 60 (4 November 1987).

6.  On 4 November 1987 he was released from the USAR Control Group (Reinforcement) and was placed on the Retired List in the rank of CW4 due to having attained the maximum allowable age.

7.  On 17 April 2000, the ARPERSCOM, in response to a request for advancement on the Retired List from the applicant, advised the applicant that he was eligible to be placed on the Retired List in the rank of Captain.  However, they also advised him that the pay for a Captain would result in a loss of approximately $90.00 per month in Retired Pay.  Accordingly, he was advised to apply to this Board for advancement to the rank of Captain and pay at the rate most advantageous to him.

8.  Title 10, United States Code, provides, in effect, that a person entitled to retire shall have their retired pay computed on the monthly basic pay of the highest grade satisfactorily held at any time.  However, if entitled to retired pay computed under more than one pay formula or under any other provision of law, he is entitled to be paid under the applicable formula that is most favorable to him.

CONCLUSIONS:

1.  In providing that an individual be retired in the highest grade satisfactorily held, Congress clearly intended to provide the highest amount of retired pay.

2.  The determination that the highest grade satisfactorily held by the applicant was Captain (0-3) is correct; however, it is unjust in that it may deprive him, and will continue to deprive him, of the increased pay which he would receive if his retired pay is computed in the pay grade of W-4.

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 to show that the highest grade satisfactorily held by the individual concerned was Captain/0-3, and that he was placed on the Retired List in that pay grade effective 4 November 1987, with his retired pay to be computed at the pay grade of W-4 if that rate is most advantageous to the individual concerned. 

BOARD VOTE:  

__mm___  ___js____  ___jhl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____JoAnn H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2000037542	
SUFFIX		
RECON		
DATE BOARDED	2000/06/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  341	136.0300/RET RES	
2.		
3.		
4.		
5.		
6.