IN THE CASE OF: BOARD DATE: 11 September 2008 DOCKET NUMBER: AR20080006856 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show his retired pay grade as E-6. 2. The applicant states that he was an E-6. 3. The applicant provides a copy of a letter from the Defense Finance and Accounting Service, dated 15 March 2008; and his Report of Separation and Record of Service (NGB 22) from the Illinois Army National Guard, effective 25 March 1979. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Separation documents show that the applicant served in the military as follows: a. United States Marine Corps, active duty from 25 September 1958 to 22 March 1967, general discharge in pay grade of E-2; b. United States Navy, active duty from 15 March 1968 to 15 May 1970, honorable discharge in pay grade E-4; c. United States Army, active duty from 27 August 1970 to 24 June 1977, honorable discharge in pay grade E-5; d. Illinois Army National Guard, active duty from 4 August 1977 to 25 March 1979, honorable discharge in pay grade E-6 [NGB Form 22 shows his date of rank for E-6 as 7 July 1978.]; e. Illinois Army/Air Force National Guard, active duty from 26 March 1979 to 25 March 1980, honorable discharge in pay grade E-5; and f. Washington Army National Guard, active duty from 7 December 1989 to 9 August 1990, general discharge in pay grade E-5 3. Item 35 (Record of Assignments) of the applicant’s Personnel Qualification Record (DA Form 2-1), prepared on 9 August 1990, shows that he held the rank of staff sergeant, pay grade E-6 on 25 March 1979, when he was discharged from the Illinois Army National Guard. 4. Orders, United States Army Reserve (USAR) Personnel Center, St. Louis, Missouri, dated 9 December 1992, discharged the applicant from the Individual Ready Reserve (IRR) effective 31 December 1992, in the pay grade of E-5. On 24 August 1993, that same office published another set of orders to discharge the applicant from the IRR effective 24 August 1993, in the pay grade of E-5. 5. Orders, USAR Personnel Center, St. Louis, Missouri, dated 24 November 2003, placed the applicant on the Retired List effective 14 September 2001, in the rank of sergeant, pay grade E-5. He was authorized retired pay under the provisions of Title 10, United States code, section 12731. 6. Title 10, United States Code, provides that a person entitled to retire, under section 12731 of that title, shall have his retired pay computed on the monthly basic pay of the highest grade satisfactorily held at any time. DISCUSSION AND CONCLUSIONS: 1. In providing that an individual be retired in the highest grade satisfactorily held, Congress clearly intended to provide for the highest amount of retired pay. 2. The evidence clearly shows that the applicant held the rank of staff sergeant, pay grade E-6 for a period of 8 months and 18 days from 7 July 1978 to his honorable discharge on 25 March 1979. 3. There is no evidence showing that any of his service in the pay grade of E-6 was less than satisfactory. 4. In view of the above, the applicant’s records should be corrected to show his retired pay grade as E-6. BOARD VOTE: ____X___ ___X ___ ___X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL 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: a. amending the applicant’s retirement orders to show his retired pay grade as E-6, effective 14 September 2001; and b. paying any monies due him as a result of this correction. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006856 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1