RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070010988 


	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:


Mr. John N. Slone

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Thomas M. Ray

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

2.  The applicant states, in pertinent part, that he served as an acting 1SG on two occasions for approximately 8 months when the 1SG was on emergency leave and attending military schools.  He also served as the 1SG during a small unit detachment deployment.  He states he further served as a tactical noncommissioned officer (NCO) for 21 months at the United States Military Academy (USMA) performing the duties of a 1SG.  He states, in effect, that the duties of the tactical NCO are similar to the duties of the 1SG in traditional Army companies.  The applicant continues that his tenure with the USMA culminated with him serving as the Regimental Tactical NCO, which was the equivalent of a command sergeant major. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty) with a retirement date of 30 September 1995, five NCO Evaluation Reports, two Disposition Forms, and two separate memorandums in support of his application.

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 he enlisted in the Regular Army on 29 June 1974 and served continuously until his retirement.   He retired on 30 September 1995 after serving on active duty for 21 years, 3 months, and 2 days.

3.  The applicant’s DD Form 214 for the period 12 June 1978 to 30 September 1995 shows his rank and pay grade in item 4a and 4b as  "MSG/E-8".  His primary specialty in item 11 is identified as "16Z5H".
  
4.  The applicant’s NCOERs for the periods August 1991 to June 1992, June 1992 to June 1993, and from July 1993 to June 1994 shows in Part III (Duty Description) the Principal Duty Title of "Senior Tactical NCO" and the Duty Primary Military Occupational Specialty (MOS) of "16Z5H."  During these evaluation periods, the applicant was assigned to USMA, West Point.  These three NCOERs list the daily duties and responsibilities of the applicant as being the first line-enlisted mentor for a cadet company of 125 cadets and the senior NCO advisor to the regimental tactical officer for 9 cadet companies.

5.  A memorandum, dated 16 January 1992, from the Commandant of Cadets (a brigadier general) addressed to the Command Sergeant Major of the United States Corps of Cadets outlines in specific detail the Tactical NCO Mission Essential Task List or specified job description.  The memorandum shows the missions of the Tactical NCOs are to conduct, supervise, and monitor the training received by the Corps of Cadets.  The job description further states the Tactical NCOs should be a positive role model and mentor to the cadets. 

6.  A memorandum, dated 26 March 1991, from the USMA Commandant of Cadets, addressed to the Battalion Tactical NCOs outlines the specific duties and responsibilities of the NCOs in the Brigade Tactical Department.  The memorandum shows that the Tactical NCO reports to company commissioned officers identified as "Company Tactical Officers."  

7.  The applicant provided two additional NCOERs for the periods August 1985 to July 1986 and from August 1986 to April 1987, which shows he was assigned to the Army Development and Acquisition of Threat Simulation (ADATS) Battery, Fort Bliss, Texas.  These two NCOERs show in Part II (Duty Description) his Principal Duty Title as "Platoon Sergeant" and the duty MOS as "16R40." 

8.  The applicant also provided two separate DA Forms 2496 (Disposition Form). The first, dated 30 October 1986, shows the applicant's rank as sergeant first class (SFC).  The second DA Form 2496, dated 9 March 1987, shows the applicant's title as "Acting First Sergeant" and his rank as "SFC" in his signature block. 

9.  A review of the applicant's electronic military personnel file does not show appointment orders awarding the applicant the skill qualification identifier (SQI) “M” which represents 1SG.  Nor do his records shows that he graduated from the 1SG Course, which is a requirement for awarding the SQI "M."

10.  An advisory opinion, dated 12 September 2007, from Human Resources Command states, in effect, that the applicant does not meet the criteria for designation as a 1SG in accordance with Army Regulation 635-200 (Enlisted Personnel Separations), paragraph 12-17.

11.  Army Regulation 635-200 prescribes the policy and procedures 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 SQI "M" and must have served as a 1SG in the grade of MSG/E-8.  

12.  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. 

13.  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.  

14.  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.  The applicant contends that he served as the acting 1SG for 8 months and that his duties as the Tactical NCO for the Corps of Cadets at USMA were that of a 1SG.  He states that his DD Form 214 with a retirement separation date of 30 September 1995 should be changed to reflect he retired as a 1SG not as a MSG.  

2.  Army Regulation 614-200 provides that a 1SG must be considered and selected for the 1SG course, successfully complete the course, be awarded the SQI "M", and then serve as a 1SG in an assigned position.  There is no record in the applicant's file that shows he graduated from the 1SG course, was awarded the SQI "M" or that he served in a designated 1SG position.  The applicant's records show he served as a tactical NCO and as a platoon sergeant. 

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 and known governing regulations. Therefore, the applicant's grade on his DD Form 214 as written is correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JNS__  __MJNT_  __TMR__  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.





_____John N. Slone____
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.