RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         01 FEBRUARY 2005
      DOCKET NUMBER:  AR20040002843


      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. Walter Morrison               |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. William Powers                |     |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
in the rank of first sergeant vice master sergeant.

2.  The applicant states that while he held the position of master sergeant
at the time of his retirement he had previously held a first sergeant
position during his assignment in Korea between 1988 and 1989.  He states
that he was also awarded the “M” skill identifier for serving as a first
sergeant.

3.  The applicant provides a copy of his 1995 separation document in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 June 1995.  The application submitted in this case is
dated
13 August 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 entered
active duty in June 1975 and served continuously through a series of
reenlistment actions until 30 June 1995 when he retired, for length of
service, in the rank of master sergeant.

4.  In October 1988 the applicant was promoted to pay grade E-7 and in
November 1988 he was assigned to an artillery element in Korea.  Item 35
(record of assignments) on his Department of the Army Form 2-1 (Personnel
Qualification Record) indicates he assumed duties as the detachment first
sergeant on 1 July 1989 and served in that capacity until his departure
from Korea in November 1989.

5.  On 1 February 1994 he was promoted to the rank of master sergeant, pay
grade E-8.  Orders announcing his promotion were published on 19 January
1994 and indicate that he was being promoted in specialty 13Z5H.  The
Special Qualification Identifier (SQI) of “H” on the applicant’s military
specialty indicated qualification as an instructor.

6.  At the time the applicant retired from active duty in 1995 his
specialty was recorded as 13Z5M.  The SQI of “M” designates qualification
as a first sergeant.  However, it is unclear when the applicant was awarded
that identifier, as his records do not contain any orders directing the
reclassification.

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. 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 and there is no increase in retired
pay.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have held a SQI of “M” and performed duties
as a first sergeant, that service was performed prior to his having been
promoted to the rank of master sergeant.  As such, under the provisions of
Army Regulation 635-200, the applicant does not meet the requirements to be
retired in the rank of first sergeant.  In order to be retired at that
rank, the applicant would have had to serve as a first sergeant after his
promotion to master sergeant in 1994.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1995; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
29 June 1998.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WM__  ___JM __  ___WP__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____  Walter Morrison________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002843                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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