RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   8 November 2007
	DOCKET NUMBER:  AR20070007516 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Barbara Ellis

Chairperson

Mr. Jose Martinez

Member

Mr. Chester Damian

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 grade on his DD Form 214 (Report of Separation from Active Duty) with a retirement date of 30 April 1974 be changed to Command Sergeant Major (CSM) from Sergeant Major (SGM). 

2.  The applicant states, in pertinent part, that he was promoted to SGM in early March 1972 while assigned to Headquarters, 4th Missile Command.  He states he was promised a CSM position upon his reassignment.  He was reassigned to the University of Michigan Reserve Officer Training Corps (ROTC) and he states he served as their CSM.  He also states he is now requesting a correction to his separation document to ensure his retired status shows he performed the duties of a CSM.  He furthers states that all correspondence from the Department of the Army (DA) that he currently receives is addressed to him as CSM.   Finally, he states he is presently serving as the Honorary SGM of the Regiment, 30th Field Artillery Regiment, under the provisions of Army Regulation 600-28 (U. S. Army Regimental System).

3.  The applicant provides a self-authored document in support of his application to correct his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 3 September 1948.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 1821 (Supply Specialist).  He served on active duty continuously reenlisting after each enlistment contract expired.    

3.  On 30 April 1974, the applicant was honorable retired from the Regular Army after serving 25 years, 7 months, and 28 days of total active service.  The DD Form 214 he was issued upon retirement shows in Item 6a (Grade, Rate or Rank) the entry "SGM."  He authenticated his DD Form 214 in his own hand.

4.  Item 33 (Appointments and Reductions) of the applicant's DD Form 20 (Enlisted Qualification Record), which he authenticated in his own hand on 16 March 1974, shows the entry Grade "SGM", Date of Rank "17 March 1972", and Authority "Department of the Army Special Order Number 65 dated 3 April 1972."

5.  Item 38 (Record of Assignments) of the applicant's DD Form 20 shows the entry Duty MOS "13Z5H", Principal Duty Title "Chief Instructor", and he was assigned to the 5th U. S. Army ROTC Senior Program with duty at the University of Michigan in Ann Arbor, Michigan, from 4 March 1973 to his retirement date on 30 April 1974.

6.  Special Orders Number 65, published by Headquarters, DA on 3 April 1972 shows the applicant was promoted to the grade of SGM/pay grade E-9 with a date of rank of 17 March 1972.  The order shows the applicant's primary MOS as 15Z5O.

7.  The applicant's military personnel records do not contain appointment orders to CSM nor show award of primary MOS 00Z5O, which is the MOS numeric skill identifier for appointment to CSM.  

8.  Army Regulation 614-200 (Selection of Enlisted Soldiers for Training and Assignment) states, in pertinent part, that a CSM Selection Board will convene as required to select personnel for appointment as CSM.  The CSM Program is a voluntary program; therefore, Soldiers who meet the announced selection criteria must accept or decline consideration in writing.  The board will select personnel to fill existing and projected vacancies for a selected period consistent with the needs of the Army.  A selection list will be announced and will include administrative instructions for appointment of the selected Soldiers.  Appointment to CSM and award of the primary MOS 00Z5O will be by official orders.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation, in pertinent part, states that the source documents used to prepare the DD Form 214 are the DA Form 20 (Enlisted Qualification Record) and all available source 
documents in the Military Personnel Records Jacket.  Further the grade or rank and pay grade at the time of separation will be entered in Item 6a and 6b of the DD Form 214.  

10.  Army Regulation 635-5 provides, in pertinent part, that the signature in 
Item 29 of the DD Form 214 indicates a Soldier has reviewed the form and accepted the information as being correct to the best of their knowledge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he served as the CSM of the University of Michigan ROTC program.  He states that his DD Form 214 with a retirement separation date of 30 April 1974 should be changed to reflect he retired as a CSM.  He further asserts that all correspondence he receives from DA is addressed to him as "CSM."  He is presently serving as an honorary sergeant major of a regimental association.  

2.  Army Regulation 614-200 provides that a SGM must be considered and selected for CSM by a board convened for that purpose. The regulation also provides that Soldiers who meet the selection criteria announced by DA must accept or decline consideration in writing.  There is no record of the applicant having been considered or selected as a CSM.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

4.  In view of the above, there is insufficient evidence to change the applicant's grade based on the evidence available in his military personnel record. Therefore, the applicant's grade on his DD Form 214 is correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__BE ___  __JM____  __CD___  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.




_____  Barbara Ellis________
          CHAIRPERSON




INDEX

CASE ID
AR20070007516
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071108
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
144.9213
2.

3.

4.

5.

6.