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ARMY | BCMR | CY2005 | 20050002179C070206
Original file (20050002179C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 October 2005
      DOCKET NUMBER:  AR20050002179


      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. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |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, in effect, that Item 4 (Grade, Rate, or Rank)
of her
29 February 2004 separation document (DD Form 214) be corrected to show 1SG
vice MSG.

2.  The applicant states, in effect that based on amended orders her DD
Form 214, Item 4 (Grade, Rate, or Rank) should read 1SG vice MSG.

3.  The applicant provides the following documentation in support of her
application:  Amendment Orders Number 013-0343, issued by XVIII Airborne
Corps and Fort Bragg, dated 13 January 2004;

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted into the Regular Army on 11
February 1983 and continuously served on active duty through reenlistments
until her retirement.

2.  The records show that Orders Number 346-11, issued by the United States
Total Army Personnel Command, dated 12 December 1997, promoted the
applicant to Master Sergeant (MSG) with an effective date and date of rank
of
1 January 1998.

3.  The applicant's last Non-commissioned Officer Evaluation Report (NCOER)
dated June 2002 through May 2003 shows her rank as MSG; her Principal Duty
Title as Group Senior Supply Sergeant; and in Part D of the Bullets under
Leadership shows she assumed duties as the Rear Detachment First Sergeant.

4.  The applicant received her retirement Orders Number 251- 0346, issued
by the XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina,
dated
8 September 2003, which showed her effective retirement date as 29 February
2004 and her retired grade of rank as MSG.

5.  The applicant received amended Orders Number 013-0343, issued by the
XVIII Airborne corps and Fort Bragg, Fort Bragg, North Carolina, dated 13
January 2004 which amended the applicant's retired grade of rank to 1SG and
current grade effective date of 1 January 1998.

6.  The applicant's separation document (DD Form 214) shows she completed
the First Sergeant (1SG) course in 1996.

7.  The applicant’s separation document further shows she was honorably
retired on 29 February 2004, after completing a total of 21 years and 20
days of active military service.  Item 4 (Grade, Rate, or Rank) shows she
held the rank of MSG on the date of her separation.  Item 18 (Remarks)
shows she was placed on the "Retired List" as a First Sergeant.

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, must possess the SQI M and must have served as a 1SG in the
grade of MSG/E-8.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.

10.  Army Regulation 635-5 (Separations Documents) prescribes the
preparation guidelines for DD Form 214.  It states in pertinent part that
Item 4 (Grade, Rate, or Rank) will reflect the active duty grade or rank
and pay grade at time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 4 (Grade, Rate, or Rank) of her DD
Form 214 should show her rank as 1SG vice MSG was carefully considered.

2.  The available evidence of record (i.e. NCOER dated June 2002 through
May 2003) shows her rank as Master Sergeant; her Principal Duty Title as
Group Senior Supply Sergeant; and in Part D of the Bullets under Leadership
it shows she assumed duties as the Rear Detachment First Sergeant.

3.  There is no evidence of record showing that the applicant held the rank
of 1SG at the time of her separation.  Instructions for completing DD Form
214, Item 4 (Grade, Rate, or Rank) states to enter the rank held at the
time of separation.  Further instructions state that in Item 18 (Remarks)
section it will show the "Retired List Grade".  The applicant's DD Form 214
does show that she was placed on the "Retired List Grade 1SG".

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JTM _  ___JBG _  ___JRM    DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002179                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-10-20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/02/29                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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