RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 February 2005
      DOCKET NUMBER:  AR20040000476


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Maribeth Love                 |     |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 retired rank title be
changed from master sergeant (MSG) to first sergeant (1SG).

2.  The applicant states, in effect, that he wishes his rank title of 1SG
to be reflected on the Retired List.  He states he wishes to carry proudly
in retirement the highest rank and title he successfully held while on
active duty in the
Regular Army.

3.  The applicant provides 1SG appointment orders, letter of commendation
and promotion orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 31 October 1975.  The application submitted in this case
is dated
30 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.  The applicant’s record shows he entered active duty in the Regular Army
on 16 June 1956.  His Enlisted Qualification Record (DA Form 20) shows he
was promoted to the rank and pay grade of MSG/E-8 on 21 December 1965 and
that he was laterally appointed to the rank of 1SG on that same date.  Item
35 (Record of Assignments) shows he served in duty MOS 54E as 1SG of a
chemical company at Fort Hood, Texas from 15 November 1965 through
23 June 1966.

4.  Special Orders Number 61, dated 21 December 1965, issued by the
13th Support Brigade, Fort Hood, Texas, laterally appointed the applicant
to 1SG.
5.  On 11 July 1975, the applicant submitted an Application for Voluntary
Retirement (DA Form 2339) requesting retirement on 31 October 1975.  This
document shows he held the rank of MSG.  However it also shows the highest
rank he attained was 1SG.

6.  On 31 October 1975, the applicant was released from active duty
(REFRAD) for the purpose of retirement.  At the time, he had completed a
total of 21 years and 29 days of active military service and held the rank
and pay grade of
MSG/E-8.

7.  The applicant provides a letter of commendation he received from his
unit commander on 24 June 1966, which commends him for his performance as
the unit 1SG.

8.  Army Regulation 635-200 prescribes the policy and procedure for the
separation of enlisted personnel.  Paragraph 12-17 (Grade Title on Retired
List of former 1SGs) stipulates that noncommissioned officers holding the
grade of MSG at retirement, whose records show successful service as a 1SG
sergeant, will be placed on the Retired List in the grade title 1SG.  It
states, in pertinent part, that the only criteria for such placement on the
Retired List is that the soldier must be serving in and retiring in the
grade of MSG, and must have served as a 1SG in the grade of MSG.

9.  Army Regulation 600-200 contained the management policy for Army
enlisted soldiers.  Paragraph 2-42, in effect at the time, was the
authority for the lateral appointment of noncommissioned officers.  It
stated, in pertinent part, that a change of duty for members in the pay
grade E-8 required a lateral appointment to or from MSG or 1SG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his rank title on the Retired List should be
1SG was carefully considered and found to have merit.  Under the current
regulations, noncommissioned officers holding the grade of MSG at
retirement, whose records show successful service as a 1SG, will be placed
on the Retired List in the grade title 1SG.

2.  The evidence of record confirms the applicant satisfactorily served as
the
1SG of a chemical company while holding the rank and pay grade of MSG/E-8.
Further, the retirement application prepared during his retirement
processing confirms the highest rank he attained was 1SG.  Therefore, in
the interest of equity, it would be appropriate to correct his record to
show his rank title on the Retired List as 1SG.

BOARD VOTE:

___JDH__  ___JI___  ___MBL _  GRANT 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 his retired rank title as
First Sergeant and by issuing him a corrected separation document that
reflects this change.




            ____Thomas D. Howard____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000476                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1975/10/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  306  |129.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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