RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           December 4, 2003                  
	DOCKET NUMBER:   AR2003091189

	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. Walter T. Morrison		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Kenneth W. Lapin		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his Certificate of Retirement be corrected to reflect that he was placed on the Retired List effective 1 December 1989.

2.  The applicant states, in effect, that he was placed on the Retired List effective 1 December 1989; however, his Certificate of Retirement indicates that he was placed on the Retired List in the rank of sergeant, effective 1 December 1999.

3.  The applicant provides a copy of his Certificate of Retirement and a DA Form 3713-E (Data for Retired Pay).

CONSIDERATION OF EVIDENCE: 

1.  He was initially inducted on 1 November 1965 and served until he was honorably released from active duty (REFRAD) on 5 August 1968.  He was transferred to the United States Army Reserve (USAR), where he remained until he enlisted in the Regular Army on 25 August 1970.  He served until he was REFRAD on 1 September 1973.

2.  He again enlisted in the Regular Army on 10 September 1974 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 3 February 1982.

3.  On 22 September 1988, he was convicted by a special court-martial of stealing a grandmother clock from the officer's club in Germany.  He plead guilty to the charge and was sentenced to be reduced to the pay grade of E-5.

4.  On 30 November 1989, he was honorably REFRAD and was transferred to the Retired List in the pay grade of E-5, effective 1 December 1989.  He had served 20 years and 3 days of total active service.

5.  On 18 November 2002, the applicant applied to the Army Grade Determination Review Board (AGDRB) for advancement on the Retired List to the highest grade (E-7) held on active duty.  The AGDRB reviewed the applicant's records and found that subsequent to his promotion to the pay grade of E-7, he had received a General Officer Letter of Reprimand for having an adulterous affair with a subordinate and an inappropriate relationship with the same soldier when she was a student, in addition to his court-martial conviction for larceny.  The AGDRB determined that the highest grade in which he served satisfactorily for the purpose of Retired Pay was the pay grade of E-6.  The AGDRB directed that the Total Army Reserve Personnel Command (ARPERSCOM) determine the date the applicant became eligible for advancement and to effect notification.  The ARPERSCOM determined that he became eligible for advancement on the Retired List in the pay grade of E-6 effective 1 December 1999.  Accordingly, a DA Form 3713-E was completed to reflect his advancement in the pay grade of E-6 on the Retired List, effective 1 December 1999. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was placed on the Retired List in the rank of sergeant, effective 1 December 1989.  However, his Certificate of Retirement incorrectly reflects an effective date of 1 December 1999, which was the date he was advanced to the pay grade of E-6 by the AGDRB. 

2.  Accordingly, it would be in the interest of justice to correct his Certificate of Retirement to reflect an effective year of 1989, the year he was placed on the Retired List in the rank of sergeant.

BOARD VOTE:

__KL___  __AR___  __WTM__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant a new Certificate of Retirement to reflect that he was placed on the Retired List in the rank of sergeant effective 1 December 1989. 

		Walter T. Morrison
					   CHAIRPERSON

INDEX

CASE ID	AR2003091189	
SUFFIX		
RECON		
DATE BOARDED	2003/12/04	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.100.0000	1021/ADM MATTERS	
2.		
3.		
4.		
5.		
6.