RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2007
      DOCKET NUMBER:  AR20070007726


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. David W. Tucker               |     |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 the rank title listed in Item
6a (Grade, Rate or Rank) of his 31 July 1978 separation document (DD Form
214) be corrected to read First Sergeant (1SG) vice Master Sergeant (MSG),
as is currently listed.

2.  The applicant states, in effect, that the rank MSG was erroneously
listed in Item 6a of his final DD Form 214.  He states that he officially
retired as a 1SG, as indicated in his retirement orders and retirement
certificate.

3.  The applicant provides the following documents in support of his
application:  Retirement Orders; Retirement Certificate; and Department of
the Army Official Photograph.

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’s record shows that on 31 July 1978, he was honorably
released from active duty (REFRAD) for the purpose of retirement after
completing a total of 23 years, 6 months, and 14 days of active military
service.

3.  The applicant's Personnel Qualification Record (DA Form 2-1) shows he
was promoted to MSG on 5 February 1974, and that he was laterally appointed
to the rank of 1SG on 1 March 1974.

4.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows
that he was serving as a 1SG with Headquarters Company, United States Army
Quartermaster Center and Fort Lee, Fort Lee, Virginia, from 23 February
1978 through 31 July 1878, the date of his REFRAD for retirement.

5.  On 24 February 1978, the applicant submitted an Application for
Voluntary Retirement (DA Form 2339) requesting retirement.  This document
shows his current grade as 1SG in Item 5 (Current Grade, Pay Grade, Date of
Rank and MOS), and shows that 1SG was the highest grade he served in on
active duty in
Item 6 (Highest Grade Served on Active Duty and Branch of Service).

6.  Headquarters, United States Army Quartermaster Center and Fort Lee
Orders 89-5, dated 4 May 1978, authorized the applicant’s relief from
active duty on
31 July 1978 and his placement on the Retired List on the following day.
These orders show his current grade and retired grade as 1SG.

7.  On 31 July 1978, the applicant was REFRAD for the purpose of
retirement.  The DD Form 214 he was issued at the time shows his rank as
MSG in Item 6a.

8.  Army Regulation 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
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains instructions for preparing the DD Form 214.  The
instructions for entering rank state that the grade, rate or rank and pay
grade at the time of separation will be entered.  The source document for
this entry at the time of the applicant's REFRAD was the DA Form 2-1.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that Item 6a of his final DD Form 214 should show
his rank as 1SG was carefully considered and found to have merit.  The
governing regulation stipulates that the rank held on the date of
separation, as documented on the member's record, will be entered on the DD
Form 214.

2.  The evidence of record confirms the applicant held and was serving as a
1SG on the date of his separation, as evidenced by his DA Form 2-1 and his
retirement orders.  Therefore, it would be appropriate to grant the
requested relief by amending Item 6a of his DD Form 214 accordingly.

BOARD VOTE:

__JS ___  __JTM___  __DWT _  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
amending Item 6a of his 31 July 1978 DD Form 214 by deleting the current
entry and replacing it with the entry "1SG"; and by providing him a
correction to his separation document that reflects this change.




                                  _____John Slone _______
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007726                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2009/10/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1978/07/31                              |
|DISCHARGE AUTHORITY     |AR 635-200 C12                          |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  2110 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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