RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060004660


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 he be placed on the Retired
List in the rank of "First Sergeant" instead of the rank of "MSG" (Master
Sergeant).

2.  The applicant states, in effect, that he should be placed on the
Retired List as a "First Sergeant" instead of "MSG."  He also states that
Army Regulation      635-200, chapter 12, paragraph 12-17, states if a
Soldier's record shows successful service as first sergeant, retiring in
grade of MSG, having possessed identifier "M", the Soldier will be placed
on the Retired List in grade title (rank) of "First Sergeant."

3.  The applicant provides a copy of an extract of Army Regulation 635-200,
paragraph 12-17, a copy of his retirement orders, several appointment
orders, a copy of his DA Form 1059 (Service School Academic Evaluation
Report [AER]), and several military occupational specialty (MOS) orders, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the U. S. Army Reserve
(USAR) on 24 June 1981, as a cannon crewman, in MOS 13B, in pay grade E-4,
with prior military service.  He continued to serve in the Reserve and was
promoted to MSG with an effective date and date of rank (DOR) of 1 November
1989, in MOS 13Z50, Field Artillery Senior Sergeant.

2.  The applicant provides a copy of Headquarters, 96th USAR Orders 93-18,
dated 1 November 1989, which show he was laterally appointed to "First
Sergeant" with a DOR of 1 November 1989.  These orders terminated his
status as "Master Sergeant."

3.  Item 6 (Military Occupational Specialties), of the applicant's DA Form
2-1 (Personnel Qualification Record-Part II), shows that he was awarded as
SQI (Special Qualification Identifier) of "M" (First Sergeant) effective
15 November 1989.

4.  The applicant provides a copy of Headquarters, 162nd Support Group,
Orders 19-2, dated 8 December 1990, which show his status was terminated as
"First Sergeant" and he was reappointed as "Master Sergeant" with a DOR of
1 November 1989 and an effective date of lateral appointment of 8 December
1990.  The applicant was appointed First Sergeant of Battery B, 6th
Battalion, 83rd Field Artillery, Ogden, Utah.
5.  The applicant provides a copy of his AER, dated 6 May 1990, which shows
that he completed the First Sergeant Course-RC (Reserve Component) which
spanned from 4 November 1989 to 6 May 1990.

6.  The applicant provides a copy of Headquarters, 96th USAR Orders 32-002,
dated 10 March 1992, which show he was laterally appointed as a "First
Sergeant" with a DOR of 1 November 1989 and terminated his status as
"Master Sergeant." The applicant was appointed First Sergeant of Company C,
321st Engineer Battalion, Ogden, Utah.

7.  The applicant provides a copy of Headquarters, 96th USAR Orders 140-
003, dated 26 October 1992, which show he was awarded the PMOS of 12Z5M and
SMOS of 13Z5M, and withdrew his PMOS Of 13Z50 and SMOS of 63B50 effective
26 October 1992.

8.  The applicant provides a copy of Headquarters, 91st Division (Exercise)
Orders 30-03, dated 19 April 1995, which show that he was awarded the PMOS
of 12Z50, the SMOS of 13Z50, and withdrew his PMOS of 12Z5M and SMOS of
13Z5M effective 1 September 1994.

9.  The applicant was ordered to active duty in support of Operation
Enduring Freedom on 27 January 2003.  He continued to serve until he was
honorably released from active duty on 25 January 2005, under the provision
of Army Regulation 635-200, chapter 4, due to completion of required active
service, in the rank and pay grade of MSG/E-8.  He was transferred to a
troop program unit (TPU).

10.  Item 4a (Grade, Rate, or Rank) of his DD Form 214, dated 25 January
2005, shows the entry "MSG."

11.  On 14 February 2005, orders were published releasing the applicant
from his TPU because of physical disability incurred as a result of injury
or disease received in the line of duty as a direct result of armed
conflict or caused by an instrumentality of war.  He was placed on the TDRL
(Temporary Disability Retired List) effective 3 March 2005, by reason of
physical disability, in the rank of MSG.

12. The applicant continued to serve on the TDRL until he was removed from
the TDRL and was placed on the Retired List on 3 August 2006, by reason of
permanent physical disability, in the rank of MSG.

13.  Item 35 (Record of Assignments), of the applicant's DA Form 2-1, shows
that he served as a 1SG (First Sergeant) from November 1989 to October
1990, from 2 January 1992 to 1 September 1994, and from 6 September 1994 to
25 January 2005.

14  The Human Resources Integrated Web Services contain a copy of the
applicant's last NCOER (Noncommissioned Officer Evaluation Report), dated
6 September 2004, for the period August 2003 to July 2004, an annual
report, which shows that he was rated and served as a "MSG."

15.  On 27 November 2006, an ABCMR staff member asked for verification of
the applicant's retired pay grade from the Defense Finance and Accounting
Service.  The applicant was transferred to the Retired List in the rank of
master sergeant.

16.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 12 of that regulation sets
policies and procedures for voluntary retirement of Soldiers because of
length of service.

17.  AR 635-200, Chapter 12, Paragraph 12-17 (Grade Title on Retired List
of Former First Sergeants) which is currently in effect and prescribes
policy and procedure for the separation of enlisted personnel stipulates
that: "Noncommissioned officers holding the grade of master sergeant at
retirement, whose records show successful service as first sergeant, will
be placed on the Retired List in the grade title, first sergeant.  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 the grade of
MSG.  No minimum time period is specified.  Service in the duty position of
first sergeant while in the pay grade of E7 does not meet this
requirement."

18.  AR 635-5 (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 also establishes
standardized policy for preparing and distributing the DD Form 214.
Chapter 2 contains item-by-item instructions for completing the DD Form
214.  It states, in pertinent part, that the entry in Item 4a will be the
rank the member holds on the date of separation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to the rank and pay grade MSG, E-8, on
1 November 1989.

2.  The applicant completed the First Sergeant Course, was awarded the
special qualification identifier (SQI) "M" identifying him as first
sergeant qualified, and was appointed as a first sergeant on orders.

3.  The evidence clearly shows that the applicant satisfactorily served in
the position of 1SG while holding the rank and pay grade of MSG, E-8, while
assigned to Battery B, 6th Battalion, 83rd Field Artillery, Ogden, Utah,
and to Company C, 321st Engineer Battalion, Ogden, Utah.

4.  The applicant continued to serve as a "MSG", as evidenced by his NCOER
for the period August 2003 to July 2004, and was released from active duty
and placed on the TDRL effective 3 March 2005.  He was later placed on the
Retired List in the rank of "MSG."

5.  Item 4a, of his DD Form 214, dated 25 January 2005, is correct.  The
applicant was serving in the rank of MSG when he was separated at the
completion of his required active service.

6.  Verification was received from the Defense Finance and Accounting
Service that the applicant was transferred to the Retired List in the rank
of master sergeant.

7.  Under current regulation, noncommissioned officers holding the grade of
MSG at retirement, whose records show successful service as a 1SG, are
placed on the Retired List in the grade title "1SG."

8.  Therefore, he is entitled to correction of his records to show that he
was placed on the Retired List in the grade title/rank as "First Sergeant."










BOARD VOTE:

__ALR __  __FCJ __  __QAS___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
placing the applicant on the Retired List in the grade title/rank of "First
Sergeant."




                                  _____Allen L. Raub ________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004660                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR  635-40---TDRL-PDRL . . . . .        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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