PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 January 2001
	DOCKET NUMBER:   AR2000044642

	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. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 his records be corrected to show that he retired in the pay grade of E-7.

3.  The applicant states that he retired in the pay grade of E-7 and that he did not realize until recently when he attempted to get his wife an identification card that he was being carried in the pay grade of E-6.  In support of his application he submits documents showing that he was retired in the pay grade of E-7.

4.  The applicant’s military records show that he initially enlisted on 1 May 1943 and served until he was honorably released from active duty (REFRAD) on         3 March 1946.  He again enlisted on 15 August 1948 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 23 May 1962.

5.  On 29 April 1966, while stationed in Vietnam, he was convicted by a summary court-martial of misappropriating government funds.  He was sentenced to be reduced to the pay grade of E-6 and a forfeiture of pay.  The convening authority approved the findings and sentence on 30 April 1966.  However, on 17 June 1966 the findings and sentence were set aside because it was determined that the convening authority did not have the authority to convene a summary     court-martial.  Accordingly, all rights, privileges, and property of which the applicant had been deprived by virtue of the findings of guilty and the sentence so set aside were restored. 

6.  On 20 March 1967 while serving as a drill sergeant at Fort Dix, New Jersey in the pay grade of E-7, he submitted an Application for Voluntary Retirement (DA Form 2339) for length of service to be effective 31 May 1967.  He indicated at that time that the highest grade he held on active duty was the pay grade of E-7. His application was approved by the Department of the Army on 17 April 1967 and orders were published directing his placement on the Retired List in the pay grade of E-7 effective 1 June 1967.

7.  Accordingly, he was REFRAD on 31 May 1967 in the pay grade of E-7 and was placed on the Retired List effective 1 June 1967.  He had served 21 years, 7 months and 14 days of total active service.

8.  In the processing of this case a staff member of the Board contacted officials at the Defense Finance and Accounting Service (DFAS) in Cleveland, Ohio to determine what pay grade the applicant was being paid his retired pay.  Officials at the DFAS indicated that he is being paid as an E-6.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was approved by the appropriate authority for retirement in the pay grade of E-7 on 1 June 1967.  However, for reasons not explained in the available records, he was placed on the Retired List in the pay grade of E-6.

2.  Therefore, it appears that an administrative error has resulted in the applicant being deprived the monetary benefits he was entitled to receive in the pay grade of E-7, benefits that he otherwise would have received had the administrative error not occurred.

3.  Accordingly, it would be in the interest of justice to correct the error at this time by correcting his records to show that he was placed on the Retired List in the pay grade of E-7, effective 1 June 1967 with entitlement to all back pay he is due from that date.

4.  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 placed on the Retired List in the pay grade of E-7, effective 1 June 1967 with entitlement to all back pay he is due from that date.

BOARD VOTE:  

___jtm __  __mm___  ___js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2000044642	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  306	129.0400/HIGH GRD	
2.		
3.		
4.		
5.		
6.