RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 January 2008
	DOCKET NUMBER:  AR20070010531 


	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. Rene’ R. Parker 

Analyst

The following members, a quorum, were present:


Ms. Ann Campbell

Chairperson

Mr. Dean Camarella

Member

Mr. Rodney Barber

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 retired rank of master sergeant (MSG) be changed to first sergeant (1SG) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states, in effect, that he should be retired with the highest rank he held.

3.  The applicant provides a copy of his DD Form 214, DA Forms 638-1 (Recommendation for Award), Noncommissioned Officer Evaluation Reports (NCOER), and Service School Academic Evaluation Report (AER).

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 records show he enlisted in the Regular Army on
3 December 1975.  He was serving in the grade of MSG at the time of his retirement on 31 August 1996.

3.  The applicant’s DD Form 214 for the period 29 December 1977 to 31 August 1996 shows his rank and pay grade in item 4a and 4b as MSG/E-8.  His primary specialty in item 11 is listed as 16Z5M.  Item 18 "Remarks" shows that the applicant completed First Sergeant School, 5 weeks, February 1991.

4.  The applicant’s DA Form 638-1 dated 8 April 1992 and 1 May 1993 shows that he was recommended and awarded the Meritorious Service Medal, first and second oak leaf cluster, respectively.  The DA Forms 638-1 lists his rank and duty position at the time of the awards as 1SG.  The applicant’s DA Form 638-1 dated 8 February 1995 shows his rank as MSG and his duty position as Assistant Inspector General (IG).  This form shows that the applicant was recognized for his "achievements" as a 1SG in item 15, 16 and 17, and as an assistant IG in item 18.

5.  The applicant’s NCOERs for the period of November 1991 to July 1992, August 1992 to July 1993 and August 1993 to July 1994, lists his rank as "1SG" and his primary military occupational specialty (PMOS) as 16Z5X.  His principal duty title was listed as "First Sergeant" with duty MOS listed as 16Z5M.  Additionally, these NCOERs verify that the applicant was assessed as "Among the Best" with "1-Successful" and "1-Superior" ratings in overall performance and overall potential for promotion and service in the positions of greater responsibility.

6.  The applicant’s AER for the period 2 August 1995 to 11 March 1996 lists his grade as MSG and MOS as 16Z5M.  This report shows that the applicant was disenrolled from the Sergeants Major Course due to medical problems.  

7.  Corrected Copy of Orders 138-0010 dated 17 May 1996 show that the applicant was released from active duty as a MSG and placed on the retired list effective 31 August 1996.  His retired grade of rank is listed as “1SG” with an effective date of grade of 1 March 1991. 

8.  Army Regulation 635-200 prescribes the policy and procedure for the separation of enlisted personnel.  Paragraph 12-17 (Grade Title on Retired List of former 1SG) stipulates that 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.  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, must possess the skill qualification identifier (SQI) "M" and must have served as a 1SG in the grade of MSG/E-8.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

10.  Additionally, the regulation states, in pertinent part, that Item 4 "Grade, Rate, or Rank" of the DD Form 214 will reflect the active duty grade or rank and pay grade at time of separation.  

11.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) provide guidelines for award of the SQI "M."  The regulation states, in pertinent part, to be awarded SQI "M" a Soldier must successfully complete the 1SG course and be assigned to a 1SG position.  

DISCUSSION AND CONCLUSIONS:

1.  Orders 138-0010 verify that the applicant was placed on the Retired List in the grade title 1SG. 

2.  Evidence of record shows that the applicant’s grade, at the time of his separation, was MSG.  Therefore, his DD Form 214 that lists his rank as MSG is correct as constituted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__AC ___  __DC ___  ___RB __  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.




_____ Ann Campbell________
          CHAIRPERSON



INDEX

CASE ID
AR20070010531
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080103
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.
129.05
2.

3.

4.

5.

6.