PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           16 May 2002                    
	DOCKET NUMBER:   AR2002070033

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 his records be corrected to show retirement in the grade of E-8 and receive retired pay for first sergeant (1SG), pay grade E-8.

3.  The applicant states he was promoted to 1SG on 30 September 1986 and administratively reduced without prejudice on 16 March 1987.  He provides the orders in support of his request.

4.  The applicant’s military records show that on 30 September 1986, he was promoted to the rank of 1SG by Orders 93-1, 225th Engineer Group, Louisiana Army National Guard (LAARNG). 

5.  On 16 March 1987, Orders 16-1, 225th Engineer Group, LAARNG administratively reduced the applicant, without prejudice to sergeant first class (SFC), pay grade E-7.

6.  On 15 February 1989, he was honorably separated from the LAARNG and transferred to the Army Reserve Control Group (Retired Reserve), in pay grade E-7.

7.  On 26 February 2002, he reached age 60 and was eligible to receive Reserve Retired pay effective that date.

8.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-regular Service) indicates in pertinent part, that the person being granted retired pay will receive that pay in the highest grade (temporary or permanent) satisfactorily held by him during his entire period of service.

9.  Army Regulation 635-200 specifies that noncommissioned officers holding the grade of master sergeant, E-8, at retirement, whose records show successful service as first sergeant, E-8, will be placed on the retired list in the grade title first sergeant.  It also specifies, among other things, the soldier must be serving in and retiring in pay grade E-8.

CONCLUSIONS:

1.  The applicant satisfactorily held the pay grade of E-8 (1SG) from                  30 September 1986 until 16 March 1987, when he was administratively reduced without prejudice to SFC, pay grade E-7.  His records should be corrected accordingly.

2.  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 the individual concerned was transferred to the Army Reserve Control Group (Retired Reserve) on 15 February 1989 in the rank of 1SG, pay grade E-8.

BOARD VOTE:  

_fen____  _pm____  __rwa___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002070033	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.