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Decision Text

ARMY | BCMR | CY2002 | 2002073452C070403
Original file (2002073452C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002073452


         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. Melinda M. Darby Chairperson
Mr. Roger Able Member
Mr. Curtis L. Greenway 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 qualified and served in the position of 1SG. He also contends that he believes that his placement on the Retired List should have been in that grade title. In support of his application, he submits a copy of his 1SG appointment orders.

4. The applicant’s military records show that on 29 February 1980, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years, 2 months, and 16 days of active military service.

5. The applicant’s record shows that he served in an authorized 1SG position in Germany with the 43rd Supply and Service Company. In addition, Orders Number 66-44, dated 7 March 1978, issued by Headquarters, United States Army Regional Personnel Center, Wuerzburg, Germany, authorized the applicant’s lateral appointment to the grade of “First Sergeant.”

6. Orders Number 207-39, dated 24 October 1979, issued by Headquarters,
Fort Devens, Fort Devens, Massachusetts, authorized the applicant’s REFRAD for the purpose of retirement on 29 February 1980. It also directed his placement on the Retired List on 1 March 1980, in the rank and pay grade of MSG/E-8.

7. Army Regulation 635-200, chapter 12, paragraph 12-17, currently 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 that 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 specifies 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 equity, 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 retired grade title of the individual concerned on the Retired List to “First Sergeant (1SG)”.

BOARD VOTE:

__MMD__ __RA__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Melinda M. Darby___
                  CHAIRPERSON




INDEX

CASE ID AR2002073452
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/08/20
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. 144.9213
2.
3.
4.
5.
6.



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