PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 March 2002
	DOCKET NUMBER:   AR2001064460

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		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 his retired rank and pay grade of sergeant first class/E-7 (SFC/E-7) be changed to first sergeant/E-8 (1SG/E-8), the highest rank and pay grade he held on active duty. 

3.  The applicant states, in effect, that his active duty service plus his service on the Retired List now equals 30 years and he is entitled to be advanced to the highest grade he held while on active duty.  In support of his application, he provides the following documents:  promotion order to 1SG/E-8; voluntary reduction orders from MSG/E-8 to SFC/E-7; a request for reduction letter, dated 5 December 1983; active duty orders for the period 16 August 1981 to 15 August 1983; and a copy of his separation document (DD Form 214).

4.  The applicant’s military record shows that he was a member of the Army National Guard (ARNG) and that he entered active duty in an Active Guard/Reserve (AGR) status on 16 August 1981.  He continuously served on active duty until 31 August 1992, at which time he was released from active duty (REFRAD) for the purpose of retirement.  At the time of his separation, he had completed a total of 21 years, 7 months, and 5 days of active military service and he held the rank and pay grade of SFC/E-7.

5.  The applicant’s Personnel Qualification Record (DA Form 2-1) confirms, in item 18 (promotions and reductions), that he was promoted to the rank of 
1SG/E-8 on 19 May 1981, and that he satisfactorily served in that rank and pay grade until 6 January 1984, at which time he was administratively reduced to the rank of SFC/E-7.  This voluntary administrative reduction was authorized in Orders Number 1-1, dated 6 January 1984, issued by Headquarters, 39th Infantry Brigade, ARNG of Arkansas.

6.  Orders Number 112-505, dated 21 April 1992, issued by Headquarters, United States Army Field Artillery Center, Fort Sill, Oklahoma, authorized the applicant’s REFRAD for the purpose of retirement on 31 August 1992, and his placement on the Retired List the following day.  It also authorized his placement on the Retired List in the retired rank and pay grade of SFC/E-7.

7.  A Data for Retired Pay (DA Form 3713), dated 21 April 1992, which was prepared during the applicant’s retirement processing, confirms that the highest grade he attained while serving on active duty was 1SG/E-8, and that he had completed a total of 20 years, 7 months, and 6 days of active military service.  

8.  The DD Form 214 issued to the applicant upon his REFRAD on 31 March 1999, confirms that he was separated for the purpose of retirement under the provisions of chapter 12, Army Regulation 635-200.  It also verifies that he had completed 11 years and 15 days of net active service during the period of service covered by this separation document and that he held the rank and pay grade of SFC/E-7 on the date of his REFRAD.
9.  National Guard Regulation (NGR) 600-200, establishes the standards, policies and procedures for the management of ARNG enlisted soldiers and specifically the policy for enlisted promotion, appointment, reduction, and provides that a soldier may volunteer for reduction to any lower rank in order to obtain a benefit or for personal preference.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 sets policies and procedures for voluntary retirement because of length of service.  Paragraph 12-3b(1) contains the general provisions of law governing retirement and it states in pertinent part, that ARNG soldiers serving on active duty at the time of their retirement, in a grade lower than their highest active duty enlisted grade, who were administratively reduced, not as a result of their own misconduct, will retire in the highest grade in which they satisfactorily served on active duty.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be advanced on the Retired List to the highest grade he held on active duty finds this claim has merit.

2.  By regulation, ARNG soldiers who retire from active duty are entitled to be placed on the Retired List in the highest grade in which they satisfactorily served on active duty.  In this case, the evidence of record confirms the applicant was promoted to 1SG/E-8 and satisfactorily served on active duty in that grade prior to being administratively reduced to SFC/E-7.

3.  In addition, the record verifies that the applicant’s reduction to SFC/E-7 was a voluntary administrative action and was not the result of any misconduct on his part.  Therefore, the Board concludes that the applicant should have been placed on the Retired List in the highest grade in which he satisfactorily served on active duty, 1SG/E-8, effective 1 September 1991, the date he was placed on the Retired List.  Further, it concludes that it would be appropriate to correct this error at this time and to provide him any back pay and allowances due as a result. 

4.  Although the Board has no authority to correct State ARNG records, governed under Title 32, the Board is of the opinion that so far as the Department of the Army is concerned, it would be in the best interest of justice to correct the ARNG records of the individual concerned as recommended below.

5.  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 authorized retired grade of the individual concerned was 1SG/E-8 and that he was placed on the Retired List in that rank and pay grade on 1 September 1992; and by providing him any back pay and allowances due as result of this correction.

BOARD VOTE:  

__SLP__  __SK __  __EJA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         __Shirley L. Powell__
		             CHAIRPERSON

INDEX

CASE ID	AR2001064460	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/19	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.