RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 January 2007
DOCKET NUMBER: AR20060007103
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. Dean L. Turnbull | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Jerome L. Pionk | |Member |
| |Mr. Scott W. Faught | |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 his rank on his NGB-22E (National Guard
Bureau Report of Separation and Record of Service) be corrected to show
first sergeant (1SG) instead of master sergeant (MSG).
2. The applicant states, in effect, he has orders to show that he was
laterally appointed before he was transferred to the Retired Reserve.
3. The applicant provides a copy of Alabama Army National Guard, State
Military Department, Personnel Service Branch Orders Number 170-002, dated
19 June 2001 and Orders Number 170-0032, dated 19 June 2001.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Army National
Guard on 2 March 1972.
2. Headquarters, 142nd Signal Brigade, Alabama Army National Guard Orders
Number 33-1, dated 12 June 1982 shows that the applicant was promoted to
1SG/pay grade E-8. He served as a 1SG with the 131st Signal Battalion for
a period of 15 years.
3. Army National Guard, Personnel Service Branch Orders Number
116-40, dated 19 August 1997, shows that the applicant was transferred to
the 167th Detachment, Material Management Center and Orders Number
116-41, dated 19 August 1997, shows that the applicant was laterally
appointed to MSG/pay grade E-8 and his 1SG rank was terminated.
4. Army National Guard, Personnel Service Branch Orders Number
170-002, dated 19 June 2001, shows that the applicant was laterally
appointed to 1SG/pay grade E-8 effective 7 July 2001 with a date of rank of
12 June 1982.
5. Army National Guard, Personnel Service Branch Orders Number
170-032, dated 19 June 2001, shows that the applicant was honorably
discharged as a 1SG from the Army National Guard and he was reassigned to
the Retired Reserve. He had completed 39 years and 4 days of federal
service.
6. Item 5a (Rank) of the applicant’s NGB-22E contains the entry MSG.
7. NGB Regulation 600-200 (Enlisted Personnel Management), states, in
pertinent part, that you list in transfer and retirement orders the grade
which the Soldier is authorized on the day before transfer or retirement.
This same regulation further states, in pertinent part, that those Soldier
who applied to transfer to the Retire Reserve before age 60, may be
laterally appointed to their formerly held grades concurrent with the
assignment. Also, former 1SG who are currently MSG will be reappointed and
assigned to the Retired Reserve as 1SG provided they were not relieved for
cause or the promotion was not revoked due to a failure to meet requirement
of this chapter as a condition of a promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his rank in item 5a (Rank) of his NGB-22E
be corrected to show 1SG.
2. The evidence shows the applicant was laterally appointed to 1SG before
he was transferred to the Retired Reserve. Therefore, it is appropriate to
enter 1SG in Item 5a of the applicant’s NGB Form 22E.
3. Records show the applicant should have discovered the alleged error now
under consideration on 8 July 2001; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 7
July 2004. The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
___jlp___ ___jea __ ____swf__ 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 the
State Army National Guard records and all Department of the Army records of
the individual concerned be corrected by showing 1SG in item 5a (Rank) of
the applicant's NGB-22E.
________James E. Anderholm___________
CHAIRPERSON
INDEX
|CASE ID |AR20060007103 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20070109 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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