PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 May 2000                   
	DOCKET NUMBER:   AR2000039254

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller		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 to Chief Warrant Officer Three (CW3), W-3 on the retired list.

3.  The applicant states that he was promoted to the permanent rank and grade of CW3, W-3 in the U. S. Army Reserve (USAR) on 19 September 1990.  When he was promoted, he was told he would be advanced for pay purposes on the 30th anniversary of his enlistment.  His 30-year anniversary was 17 December 1998.

4.  The applicant’s military records show that he enlisted in the Regular Army on 18 December 1968.  He was appointed a chief warrant officer two (CW2) in the USAR on 19 September 1984 with concurrent call to active duty.  On                  19 September 1990, he was promoted in the USAR to the permanent grade of CW3.  He retired on 30 September 1990 in his temporary (Army of the United States) rank and grade of CW2, W-2.   

5.  Army Regulation 135-155 provides policy for the selection and promotion of commissioned and warrant officers of the Army National Guard of the United States and the USAR.  Paragraph 4-18 states that a Reserve officer, on transfer to the Retired Reserve, will be promoted to the highest permanent or temporary grade satisfactorily held in the U. S. Army (including components).

6.  Title 10, U. S. Code, section 1371 states that, unless entitled to a higher grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily for a period of more than 30 days.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted to the permanent grade of CW3 11 days prior to his retirement.  Since the regulation and the law state that a warrant officer retires in the permanent regular or reserve warrant officer grade he held on the day before the date of his retirement, the Board concludes the applicant was properly released from active duty by reason of retirement in the grade of CW2 but should have been placed on the Retired List and transferred to the Retired Reserve in the rank and grade of CW3, W-3.  

2.  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 placed on the retired list on              1 October 1990 in the rank and grade of Chief Warrant Officer Three, W-3.

2.  That the Defense Finance and Accounting Service pay to the applicant all retired pay due as a result of the aforementioned correction.

BOARD VOTE:  

__jns___  __mdm___  __mw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039254	
SUFFIX		
RECON		
DATE BOARDED	20000524	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.