RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2005
      DOCKET NUMBER:  AR20040007429


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his records be corrected to show that he is
retired in the rank of First Sergeant (1SG/E-8) instead of Master Sergeant
(MSG/E-8).

2.  The applicant states that he is proud of the fact that he served as a
company First Sergeant, something that is not available for every E-8.  He
would like to be known as a First Sergeant vice a Master Sergeant.

3.  The applicant provides a self-authored letter (10 September 2004), a
copy of his DD Form 214 (Report of Separation From Active Duty), orders
awarding him the First Sergeant special qualification identifier (SQI) "M,"
promotion orders from E-7 to E-8, orders appointing him as a First
Sergeant, orders transferring him from a First Sergeant billet to an E-8
staff billet, and retirement orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1977.  The application submitted in this case
is dated 10 September 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 limitations 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 show that the applicant served as a
company First Sergeant for 7 months during 1972-1973 while holding the rank
of Sergeant First Class (E-7).  He was promoted to pay grade E-8 in
November 1975.

4.  Records show that he served as a company First Sergeant from October
1974 to November 1976.  As an E-8, he was awarded the “M” Special
Qualification Identifier in July 1975.  In all, he was a First Sergeant in
three separate companies.

5.  On 1 November 1976, the applicant completed his assignment as a company
First Sergeant and was reassigned to a staff billet as a Master Sergeant (E-
8).  On 30 November 1977, 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 rank of Master Sergeant at
retirement, whose records show successful service as a First Sergeant will
be placed on the retired list in the rank title “First Sergeant.”  The
Soldier must be serving in, and retiring in the rank/grade of Master
Sergeant/E-8, must possess Special Qualification Identifier “M,” and must
have served as a First Sergeant in the grade of E-8.  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/grade of
Master Sergeant/E-8 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 rank of First Sergeant
vice Master Sergeant.  His records should be corrected accordingly.

BOARD VOTE:

__wdp___  __rld___  __jrm___  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 rank of First Sergeant vice Master Sergeant.



                                  William D. Powers
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007429                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |131.0000                                |
|3.                      |136.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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