RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20040010544


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 Item 4 (GRADE, RATE, OR RANK) on his DD
Form 214 (Certificate of Release or Discharge From Active Duty) be changed
from MSG (Master Sergeant) to 1SG (First Sergeant).

2.  The applicant states his DD Form 214 should show that he retired as a
1SG.

3.  The applicant provides no supporting documentation, but he refers to
his Official Military Personnel File (OMPF).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 1994.  The application submitted in this case is dated
22 November 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.  The applicant served 20 years and 23 days in the Regular Army.  He
retired on 30 April 1994.  His DD Form 214 shows his grade, rate, or rank
in Item 4 as MSG.  His retirement order shows his grade of rank as "1SG/E-
8."

4.  Army Regulation (AR) 635-5 (Personnel Separations – Separation
Documents) prescribes the separation documents that must be prepared for
soldiers on retirement, discharge, release from active duty service, or
control of the Active Army. It establishes standardized policy for
preparing and distributing the DD Form 214.  It states, in pertinent part,
that Item 4 (GRADE, RATE or RANK) must reflect the active duty grade or
rank and pay grade at time of separation, and that such information is
obtained from the Enlisted Record Brief/Officer Record Brief.

5.  The applicant's DA Form 2A (Enlisted Record Brief) shows his grade code
as MSG.  His DA Form 2-1 (Personnel Qualification Record) shows that he was

promoted to E-8 on 1 May 1990 and that he served as a 1SG (E-8) in
Augsburg, Germany from on/about 3 June 1991 to on/about 20 December 1992.
He then returned to the United States and an assignment as an Operations
Sergeant (MSG/E-8) from 25 January 1993 until his retirement.

6.  AR 635-200 (Personnel Separations – Active Duty Enlisted Administrative
Separations) states, in pertinent part, noncommissioned officers holding
the grade of MSG at retirement, whose records show successful service as
1SG, will be placed on the retired list [emphasis added] in the grade
title, 1SG.  The following are the only criteria for such placement on the
retired list:  a. the Soldier must be serving in and retiring in the grade
of MSG; b. the Soldier must possess special qualification identifier "M;"
c. the Soldier must have served as first sergeant in grade of MSG.  No
minimum time period is specified.  Service in the duty action of 1SG while
in the grade of Sergeant First Class (SFC/E-7) does not meet this
requirement.

DISCUSSION AND CONCLUSIONS:

1.  AR 635-5 is specific about what grade/rate/rank is entered in item 4 of
DD Form 214, and where in a Soldier's record the information is obtained.

2.  The applicant's record shows his final assignment was as an Operations
Sergeant, Master Sergeant (MSG/E-8).  This information is correctly entered
on his DD Form 214.

3.  There is no error on the applicant's DD Form 214.

4.  It is noted the applicant was placed on the retired list as a "1SG/E-8"
as shown on his retirement orders.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 30 April 1994; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 29
April 1997.  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

__mhm___  __alr___  __lds___  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.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010544                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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