PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 April 2001
	DOCKET NUMBER:   AR2000050121

	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. Sherri V. Ward		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. George D. Paxson		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 paid retired pay at the rate that is most advantageous to him. 

3.  The applicant states, in effect, that he was advanced on the Retired List to the highest grade (first lieutenant/1LT) he satisfactorily held on active duty.  However, as a result of that advancement, he is receiving less retired pay than he received as a master sergeant in the pay grade of E-8.  Therefore, he should be retired in the rank of 1LT and paid at the rate of E-8, the rate most advantageous to him.

4.  The applicant’s military records show that he initially enlisted on 18 September 1946 and served until he was honorably discharged in the rank of sergeant on 19 September 1949.  He entered active duty as a second lieutenant on 17 March 1952 and was promoted to the rank of 1LT on 17 September 1953.  He was honorably released from active duty as a 1LT on 31 March 1958.  He again enlisted and served until he was released from active duty in the pay grade of E-8 on 31 December 1972 and was placed on the Retired List effective 1 January 1973.  He had served 26 years and 1 month of total active service.

5.  On 14 July 2000 the Army Grade Determination Review Board (AGDRB) determined that the highest grade the applicant had served in while on active duty was the rank of 1LT and directed that he be advanced on the Retired List to that rank.

6.  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 anytime.  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, the law clearly intended to provide the highest amount of retired pay.

2.  The determination that the highest grade satisfactorily held by the applicant was 1LT is correct; however, it is unjust in that it has deprived him, and will continue to deprive him, of the increased pay which he would have received if his retired pay had been computed at the rate most advantageous to him, which appears to be in the pay grade of E-8.

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 1LT, that he was placed on the Retired list in that pay grade and that his retired pay be computed at the pay grade that is most advantageous to him (E-8 if appropriate) with entitlement to all back pay and allowances due him.

BOARD VOTE:  

__sw____  ___ja ___  ____gp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Sherri V. Ward_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000050121	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  306	129.0400/HI GRD 4 PAY	
2.		
3.		
4.		
5.		
6.