RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 AUGUST 2004
DOCKET NUMBER: AR2003098438
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 |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Ms. Margaret Patterson | |Chairperson |
| |Mr. Melvin Meyer | |Member |
| |Mr. Patrick McGann | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be retired from the United States Army
Reserve (USAR) in the rank of first sergeant vice master sergeant.
2. The applicant states, in effect, that he recently learned that one
could retire in the highest rank held. He states that he served as a first
sergeant for over 21 months.
3. The applicant provides a copy of his 1991 Department of Defense Form
214 (Certificate of Release or Discharge from Active Duty), a copy of his
2000 retirement order, and a copy of his December 2000 Certificate of
Retirement.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate that the applicant, a member of
the USAR, was promoted to pay grade E-8 in July 1989.
2. Performance evaluation reports for periods ending in August 1989 and
August 1990 indicate that the applicant was serving in the capacity of
First sergeant for a USAR Replacement Detachment in Oak Ridge, Tennessee.
In October 1990 the applicant was laterally appointed from master sergeant
to first sergeant and awarded the “M” Special Qualification Identifier.
3. In April 1991 the applicant was released from active duty in the grade
of first sergeant after being ordered to active duty in support of
Operation Desert Shield/Storm.
4. On 26 December 2000 the applicant’s name was placed on the retired
roles in the rank of master sergeant (E-8).
5. Army Regulation 635-200, chapter 12, established the policies and
procedures for voluntary retirement of Soldiers because of length of
service. It applies to the retirement of Army Soldiers who are retiring in
their enlisted status, including members of the USAR. The regulation
states that noncommissioned officers holding the grade 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 Soldier must be serving in, and retiring in the grade of master
sergeant, must possess Special Qualification Identifier “M,” and must have
served as a first sergeant in the grade of master sergeant. No minimum
time period is specified. The retirement pay grade remains at E-8, there
is no increase in retired pay.
DISCUSSION AND CONCLUSIONS:
The evidence confirms that the applicant was serving in the rank of master
sergeant at the time of retirement and that he had previously successfully
served as a first sergeant and had been awarded the SQI of “M.” As such,
in the interest of justice and equity, he is entitled to have his name
placed on the retired rolls in the grade of first sergeant vice master
sergeant. His records should be corrected accordingly.
BOARD VOTE:
___MP __ ___MM__ ___PM __ 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
showing that his name was placed on the retired rolls in the grade of first
sergeant vice master sergeant.
___Margaret Patterson____
CHAIRPERSON
INDEX
|CASE ID |AR2003098438 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040824 |
|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. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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