RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 SEPTEMBER 2004
DOCKET NUMBER: AR2004101544
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:
| |Mr. Raymond Wagner | |Chairperson |
| |Mr. Roger Able | |Member |
| |Ms. Eloise Prendergast | |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, in effect, that his records be corrected to
show that his name was placed on the retired rolls in the grade of first
sergeant vice master sergeant.
2. The applicant states, in effect, that his file shows him as being a
first sergeant and he would like his record to show that information.
3. The applicant provides no evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 1 September 1997. The application submitted in this case
is dated
7 December 2003.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant served as a
member of the Regular Army, Army National Guard, and Army Reserve during
his more than 20 years of military service. In January 1992, while a
member of the Army National Guard, he was promoted to the grade of master
sergeant. In 1994 the applicant was laterally appointed from master
sergeant to first sergeant and awarded the “M” Special Qualification
Identifier.
4. On 12 March 1995 he was discharged from the Army National Guard, in the
grade of first sergeant and on 13 March 1995 he enlisted in the United
States Army Reserve as a master sergeant.
5. In July 1997 he was notified that he was eligible for retired pay at
age 60 (twenty year letter). On 1 September 1997 the applicant’s name was
placed on the retired roles in the rank of master sergeant (E-8).
6. 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:
___RW _ ___RA __ ___EP___ 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.
____ Raymond Wagner______
CHAIRPERSON
INDEX
|CASE ID |AR2004101544 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040923 |
|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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