PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 September 2003
	DOCKET NUMBER:  AR2003087542

	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. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann		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 placed on the Permanent Disability Retired List (PDRL) in the pay grade of E-5.

3.  The applicant states, in effect, that he was released from active duty (REFRAD) in the pay grade of E-5 in 1989, on the expiration of his term of service (ETS).  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) and on 10 July 1990, was accepted in a Troop Program Unit, where he was promoted to the pay grade of E-6.  He enlisted back in the Regular Army and a grade determination was made that allowed him to only enlist in the pay grade of E-4.  He goes on to state that he was placed on the Temporary Disability List (TDRL) in the pay grade of E-4 and believes that he should have been placed on the TDRL in the pay grade of E-5, the highest grade he held while on active duty.

4.  The applicant’s military records show that he enlisted in the Regular Army on 26 February 1986, was promoted to the pay grade of E-5 on 1 October 1988 and was REFRAD on 25 February 1989, due to his ETS.  He was transferred to the USAR and on 26 October 1993, while serving in the pay grade of E-6 in a TPU in Bloomington, Indiana, he submitted a request for release from the USAR and enlistment in the Regular Army.  His request was approved and a grade determination was made that authorized him to enlist in the pay grade of E-4.

5.  He enlisted in the Regular Army in the pay grade of E-4 on 3 February 1994 and served until he was placed on the TDRL in the pay grade of E-4 on 20 May 1996.  On 12 September 2000, he was removed from the TDRL and was placed on the PDRL in the pay grade of E-4, effective 13 September 2000, with a 30% disability rating.

6.  A review of the applicant's Official Military Personnel File (OMPF) fails to reveal any derogatory information of any type. 

7.  Title 10, United States Code, section 1372, provides for the grade on retirement for physical disability for members of the armed forces.  It provides, in pertinent part, that any member of an armed force who is retired for physical disability under section 1201 or 1204 of the title or whose name is placed on the TDRL, is entitled to be placed on the Retired List in the highest grade or rank in which they served satisfactorily, as determined by the Secretary of the armed force from which he is retired.

CONCLUSIONS:

1.  The applicant was honorably REFRAD in the pay grade of E-5 in 1989 after having served 3 years of active service.  He was transferred to the USAR, where he was promoted to the pay grade of E-6.  He remained in the USAR until he enlisted in the Regular Army in 1994, in the pay grade of E-4, based on a grade determination made by the Department at the time.

2.  Inasmuch as he was never reduced in grade, the Board finds that he satisfactorily served in the pay grade of E-6 and thus should have been retired in that pay grade.

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 by showing that the individual concerned was placed on the TDRL on 20 May 1996 in the pay grade of E-6 and was placed on the PDRL effective 13 September 2000, in the pay grade of E-6, with entitlement to all back pay and allowances he may be due.

BOARD VOTE:  

__jlp____  ___ao___  __pm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087542	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  186	108.0900/HGH GRD HELD	
2.		
3.		
4.		
5.		
6.