RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 04 JANUARY 2005
DOCKET NUMBER: AR2004106663
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. Karen Heinz | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Mr. James Gunlicks | |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 February 1969 separation
document be corrected to show that he was separated in the rank of First
Sergeant/E-8 vice Master Sergeant/E-8.
2. The applicant states, in effect, that he held the rank of First
Sergeant in 1966 and that subsequent deactivation of his unit resulted in
reverting to the rank of Master Sergeant.
3. The applicant provides numerous documents extracted from his Official
Military Personnel File reflecting his rank as First Sergeant, including
several awards and decorations.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 29 February 1969. The application submitted in this case
is dated
2 April 2004.
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 was promoted
to pay grade E-8 in May 1966 while the applicant was assigned to a supply
company in Europe. He immediately assumed duties as the unit First
Sergeant. He continued to serve in the capacity of First Sergeant when he
returned to the United States and was assigned Fort Lee, Virginia and when
the unit deployed to Vietnam in the fall of 1967.
4. In November 1967, upon his return to the United States from Vietnam and
assignment to Fort Riley, Kansas, he reverted to the rank of Master
Sergeant and performed duties as Chief Clerk of the 541st Supply and
Service Battalion.
5. In January 1968 he once again assumed duties as a unit First Sergeant
when he was assigned to the 216th Supply Company at Fort Riley. In May
1968, when he was reassigned to Headquarters and Headquarters Company,
United States Army Garrison at Fort Riley, he reverted to the rank of
Master Sergeant.
6. On 28 February 1969, after more than 28 years of military service, the
applicant retired for length of service in pay grade E-8. His rank is
recorded as Master Sergeant.
7. 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 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. 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:
__KH ___ __RD ___ ___JG __ 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 and to excuse failure to timely file. 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.
______ Karen Heinz________
CHAIRPERSON
INDEX
|CASE ID |AR2004106663 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050104 |
|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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