RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2005
DOCKET NUMBER: AR20050001855
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. G. E. Vandenberg
Analyst
The following members, a quorum, were present:
Mr. Ted S. Kanamine
Chairperson
Mr. John T. Meixell
Member
Mr. Lawrence Foster
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 all of his records be corrected to show a grade title of first sergeant (1SG) (E-8).
2. The applicant states that he was promoted to and served as a 1SG and that all documentation and correspondence should reflect this grade title. He states he has been attempting to correct this error for a number of years.
3. The applicant provides copies of one page of his DA Form 20 (Enlisted Qualification Record), a Statement of Service, a DA Form 3713 (Data for Retired Pay), Army Reserve Personnel Center Orders P-10-00607, the cover page of a North Carolina Retired Army Personnel Bulletin, and a 1996 DD Form 2 (United States Uniformed Services Identification Card (ID card)).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 27 July 1990, the date of his retirement. The application submitted in this case is dated 1 August 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 applicants failure to timely file.
3. The applicant's service records are not currently available for review by the Board. However, the applicant has provided sufficient documentation to allow the Board to conduct a fair and impartial review on this issue.
4. The applicant, a career Reserve Component Soldier, first entered the Army Reserve (USAR) in 1957.
5. A statement of service, dated 22 February 1993, lists his dates of promotion and the grade titles. This form indicates he was first promoted to pay grade E-8 as a master sergeant (MSG) on 22 May 1971. On 11 May 1980 and again on 9 May 1983 it indicates he reenlisted as a first sergeant (1SG) (E-8).
6. On 28 June 1984, Headquarters, 2nd United States Army Orders 72-4 reassigned the applicant to the USAR Control Group (Retired) as a 1SG.
7. Army Reserve Personnel Center Orders P-10-00607, dated 2 October 1990, transferred the applicant to the retired list as a 1SG (E-8).
8. The applicant's retired ID card, issued 5 July 1996, lists his grade title and grade as MSG E-8.
9. The cover page of a North Carolina Retired Army Personnel Bulletin indicates the applicant's grade title as MSG.
10. The applicant's application was administratively closed on 17 December 2004 as no error was indicated in the available documentation.
11. The applicant responded to this action with the submission of an additional statement and a photocopy of his ID card listing his rank as MSG.
12. Army Regulation 135-180, paragraph 2-2 states that a Soldier holding the grade of master sergeant (E-8) at retirement, whose records show successful service as first sergeant, may be placed on the retired list in the grade title of first sergeant.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to pay grade E-8 with the grade title of master sergeant on 22 May 1971.
2. The available records indicate the applicant received a lateral appointment to first sergeant between the date of his promotion to E-8, on 22 May 1971, and his reenlistment on 11 May 1980.
3. The applicants record shows that he met all of the required qualifications to be placed on the retired list with the grade title of first sergeant. The available documentation indicates he was properly placed on the Retired List as a 1SG (E-8).
4. The incorrect designation on his ID card and on official correspondence indicates that an error now exists in the applicant's retired records.
5. Since the applicant was properly retired as a 1SG, it is appropriate to correct all current records to show that the applicant was retired as an E-8 with the grade title of first sergeant.
BOARD VOTE:
__TSK___ _JTM___ __LF ___ 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 the applicant was retired and placed on the Retired List with the grade title of first sergeant (E-8).
_ Ted S. Kanamine__________
CHAIRPERSON
INDEX
CASE ID
AR20050001855
SUFFIX
RECON
DATE BOARDED
20050719
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.000
2.
3.
4.
5.
6.
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