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ARMY | BCMR | CY2002 | 2002067629C070402
Original file (2002067629C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 June 2002
         DOCKET NUMBER: AR2002067629


         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. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Ms. Regan K. Smith 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 was erroneously placed on the Retired List with the grade title of master sergeant (MSG) instead of his proper grade title of 1SG. In support of his application, he submits the following documents: retirement orders; a certificate of appreciation, dated 31 December 1969; a certificate of retirement, dated 1 January 1970; 1SG appointment orders, dated
5 June 1969; and a Bronze Star Medal award citation.

4. The applicant’s military records show that on 31 December 1969, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 22 years, 8 months, and 2 days of active military service.

5. The applicant’s record shows that he served in an authorized 1SG position with Advance Team 9, III Corps, United States Military Assistance Command Vietnam. In addition, the separation document (DD Form 214) issued to him on the date of his separation lists his grade title as 1SG.

6. Special Orders Number 156, dated 5 June 1969, issued by Headquarters,
United States Military Assistance Command Vietnam, appointed the applicant to the permanent grade of 1SG/E-8.

7. Special Orders Number 210, dated 30 October 1969, issued by Headquarters,
Department of the Army, authorized the applicant’s REFRAD for the purpose of retirement on 31 December 1969. It also directed his placement on the Retired List on 1 January 1970, in the rank and pay grade of MSG/E-8.

8. 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:

JLP AAO RKS GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater
                  CHAIRPERSON




INDEX

CASE ID AR2002067629
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/06/04
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.



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