IN THE CASE OF: BOARD DATE: 15 January 2013 DOCKET NUMBER: AR20120011530 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 his retired rank be changed from master sergeant to first sergeant. 2. The applicant states: * He was promoted to first sergeant in November 2004 and he held that rank until his retirement in 2007 * This change will not affect his pay grade or benefits but it may be used for reinstatement of rank and personal recognition * He received successful noncommissioned officer reports (NCOERs) during his time as a first sergeant 3. The applicant provides: * First sergeant enrollment history * NCOER covering the period 1 March 2006 through 28 February 2007 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. The applicant enlisted in the Regular Army on 24 June 1987 and remained on active duty through continuous reenlistments. He was promoted to master sergeant effective 1 September 2005. 3. His NCOERs for the periods August 2005 to February 2006 and 1 March 2006 to 28 February 2007 show his principal duty title was first sergeant. His final NCOER shows his primary military occupational specialty as "15Z5M." 4. Orders show he retired in the rank of master sergeant on 30 November 2007 and he was placed on the retired list in the rank of master sergeant on 1 December 2007. 5. Army Regulation 635-200 (Enlisted Personnel, Personnel Separations), chapter 12, states that noncommissioned officers holding the rank of master sergeant at retirement, whose records show successful service as a first sergeant, will be placed on the retired list in the grade title first sergeant. The only criteria for such placement on the retired list are: a. the Soldier must be serving as, and retiring as, a master sergeant; b. Soldier must possess the special qualification identifier (SQI) "M"; and c. the Soldier must have served as a first sergeant (service as a first sergeant while a sergeant first class does not qualify). DISCUSSION AND CONCLUSIONS: The evidence shows the applicant successfully served as a first sergeant during the period August 2005 to 28 February 2007 and his final NCOER shows he possessed SQI "M." Therefore, he met the criteria for placement on the retired list as a first sergeant. His retirement orders should be corrected to show he retired in the rank of master sergeant on 30 November 2007 and he was placed on the retired list in the rank of first sergeant effective 1 December 2007. 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 amending his retirement orders to show he retired in the rank of master sergeant on 30 November 2007 and he was placed on the retired list in the rank of first sergeant effective 1 December 2007. _______ _ _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) AR20120011530 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120011530 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1