RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 December 2005
      DOCKET NUMBER:  AR20050005217


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |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 his record be corrected to show
his rank title upon retirement was first sergeant (1SG) and not master
sergeant (MSG), as indicated in his retirement orders.

2.  The applicant states, in effect, that he held the rank of 1SG at the
time he was released from active duty (REFRAD) for retirement.  However,
his retirement orders list his rank as MSG.

3.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214); Enlisted Qualification
Record (DA Form 20); and Department of the Army (DA) Special Orders (SO)
Number (#) 123, dated 26 June 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 30 June 1969.  The application submitted in this case is
dated
1 April 2005.

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’s record shows he entered active duty in the Regular Army
on 22 April 1949.  His DA Form 20 shows he held the primary military
occupational specialty (MOS) 13Z (Senior Field Artilleryman) and the
secondary MOS 63B (Wheel Vehicle Mechanic).

4.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina SO #
63, Paragraph 41, dated 18 March 1969, appointed the applicant to the
permanent grade of MSG/E-8.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he
served as a 1SG in all but one of his assignments from 17 November 1963
through the date of his REFRAD for retirement on 30 June 1969.
6.  On 17 July 1968, the applicant submitted an Application for Voluntary
Retirement (DA Form 2339) requesting retirement.  This document shows he
held the permanent rank of MSG/E-8 and that this was the highest rank he
attained while serving on active duty.

7.  A Data for Retired Pay (AGPZ Form 977), dated 26 June 1969, prepared on
the applicant during his retirement processing shows the applicant’s
retired grade as MSG.  DA SO # 123, Paragraph 275, dated 26 June 1969,
directed the applicant’s REFRAD on 30 June 1969 and his placement on the
Retired List on
1 July 1969, in the grade of MSG/E-8.

8.  On 30 June 1969, the applicant was REFRAD for the purpose of
retirement.  At the time, he had completed a total of 20 years, 2 months,
and 8 days of active military service and held the rank and pay grade of
1SG/E-8.

9.  Army Regulation 635-200 prescribes the policy and procedure for the
separation of enlisted personnel.  The regulation in effect at the time
stated that members would be retired in the grade they held on the date of
their REFRAD for retirement.  However, it provided no special provisions
that allowed for placing members on the Retired List with the rank title of
1SG.

10.  Paragraph 12-17 (Grade Title on Retired List of former 1SGs) of the
current enlisted separations regulation 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, and must have served as a 1SG in the
grade of MSG.

11.  Army Regulation 600-200 contains the management policy for Army
enlisted Soldiers.  At the time, permanent promotions to E-8 were all made
in the rank of MSG, and the rank of 1SG was accomplished through lateral
appointment.  Paragraph 2-42, in effect at the time, was the authority for
the lateral appointment of noncommissioned officers.  It stated, in
pertinent part, that a change of duty for members in the pay grade E-8
required a lateral appointment to 1SG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his rank title on the Retired List should be
1SG was carefully considered and found to have merit.  The governing
regulation, in effect at the time, stipulated that members would be retired
in the grade they held on the date they were REFRAD for retirement.  Under
the current regulations, noncommissioned officers holding the grade of MSG
at retirement, whose records show successful service as a 1SG, will be
placed on the Retired List in the grade title 1SG.

2.  The evidence of record confirms the applicant satisfactorily served as
a 1SG in several Field Artillery batteries from 17 November 1963 through 16
May 1969, and his final DD Form 214 accurately reflects his rank and pay
grade as
1SG/E-8.  Therefore, in the interest of equity, it would be appropriate to
correct his record to show his rank title on the Retired List as 1SG.

BOARD VOTE:

___JCH _  __ REB__  __JRM__  GRANT 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 his retired rank title as
First Sergeant, and by issuing him a corrected retirement order that
reflects this change.




            ____James C. Hise_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005217                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/06/30                              |
|DISCHARGE AUTHORITY     |AR 635-200 C12                          |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  306  |129.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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