PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 October 2002
	DOCKET NUMBER:   AR2002076205

	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. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		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 military records be corrected to show his retired grade title as First Sergeant (1SG). 

3.  The applicant states, in effect, that he served in an authorized 1SG position from 1 July 1975 to 22 June 1978.  In support of his application, he submits a copy of his retirement orders, Personnel Qualification Records (DA Form 2 and DA Form 2-1), and five separation documents (DD Forms 214).

4.  The applicant’s military records show that on 15 July 1980, he was medically retired from the Army, with a disability rating of 50 percent, after completing 
23 years, 10 months, and 8 days of active military service.

5.  The applicant’s record confirms that he served in an authorized 1SG position with A Battery, 2nd Battalion, 67th Air Defense Artillery (ADA), Germany.  The 
DD Form 214 issued to him upon his discharge for immediate reenlistment on 
3 May 1978, also contains the entry 1SG in Item 6a (Grade, Rate or Rank).  In addition, Item 11 (Primary Specialty) of his final DD Form 214, dated 15 July 1980, shows that he held and served in military occupational specialty (MOS) 16Z5M (ADA Senior Sergeant).  The M fifth character of this MOS is the Skill Qualification Identifier (SQI) used to identify a member as a qualified 1SG. 

6.  Orders Number D128-8, dated 1 July 1980, published by the United States Army Military Personnel Center (MILPERCEN), directed the applicant’s release from active duty (REFRAD) on 15 July 1980, and his placement on the Retired List the following day, by reason of physical disability.  These orders also authorized the applicant a retired rank and pay grade of MSG/E-8.

7.  Army Regulation 635-200, chapter 12, paragraph 12-17, specifies that noncommissioned officers holding the rank and pay grade of MSG/E-8 at retirement, whose records show successful service as a 1SG/E-8, will be placed on the Retired List in the grade title “First Sergeant.”  It also specifies, among other things, that in order to be placed on the Retired List as a 1SG, a soldier must be serving in and retiring in the pay grade E-8

CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed and successfully served in an authorized 1SG position.  It also confirms that he held and was placed on the Retired List in the rank and pay grade of MSG/E-8 in accordance with regulations in effect at the time.  

2.  However, current regulatory guidance mandates that members who hold the rank and pay grade of MSG/E-8 at retirement, whose records show successful service as a 1SG/E-8, are placed on the Retired List in the grade title “First Sergeant.”  Thus, the Board concludes that under current standards and in the interest of justice, it would be appropriate to correct the applicant’s record by changing his grade title on the Retired List to “First Sergeant” at this time.

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 changing the grade title of the individual concerned on the Retired List to 
“First Sergeant (1SG)”.  

BOARD VOTE:  

__INW__  __WTM__  __CG  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  ___Irene N. Wheelwright___
		           CHAIRPERSON

INDEX

CASE ID	AR2002076205	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/03	
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.	129.0500	
2.		
3.		
4.		
5.		
6.