RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070017029 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 May 1969, as follows:

	a.  Item 5a (Grade, Rate or Rank) from “SSM (P)” to “SGM (P)”;

	b.  Item 6 (Date of Rank) from “14 March 1966” to “14 March 1960”; and

	c.  Item 19 (Grade, Rate or Rank at Time of Entry into Current Active Service) from “SSM E-9” to “SGM E-9.”

2.  The applicant states that his rank and pay grade are erroneously listed on his DD Form 214 due to a typing error. 

3.  The applicant provided a copy of his DD Forms 214, dated 28 November 1966 and 14 June 1968; and a copy of Headquarters, Department of the Army Special Orders Number 47, dated 11 March 1969 (Retirement Orders), 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 that he enlisted in the Regular Army for a period of 3 years and entered active military service on 26 November 1948 in military occupational specialty (MOS) 3649 (Fixed Station Radio Repairman).  He attained the rank/grade of corporal (Cpl)/E-4 and was honorably discharged on
27 November 1951 for the purpose of reenlistment.  


3.  He subsequently executed a series of reenlistments in the Regular Army as follows:

	a.  on 28 November 1951, he reenlisted for a period of 3 years in his Permanent rank/grade of private first class (PFC)/E-3 in MOS 3649.  During this period of service, he was promoted to sergeant (Sgt)/E-5 (Temporary) on 7 August 1952 and to sergeant first class (SFC)/E-6 (Temporary) on 16 December 1953.  He was honorably separated on 28 November 1954; 

	b.  on 29 November 1954, he reenlisted for a period of 6 years in his Temporary rank/grade of SFC(T)/E-6 and his Permanent rank/grade of PFC(P)/E-3, in the Signal Corps.  During this period of military service, he was promoted to master sergeant MSgt/E-7 (Temporary) on 9 May 1958, to master sergeant (MSG)/E-8 (Temporary) on 8 May 1959, and to sergeant major (SGM)/E-9 (Temporary) on 14 March 1960.  He was honorably separated on 28 November 1960;

	c.  on 29 November 1960, he reenlisted for a period of 6 years in his Permanent rank/grade of staff sergeant (SSG)/E-6 (P) and Temporary grade of SGM/E-9 (T), as a fixed station chief.  During this period of military service, he was promoted to the permanent grade of SGM/E-9 (P) with 14 March 1960 as his date of rank.  He was honorably separated on 28 November 1966 in his Permanent rank/grade of SGM/E-9 (P); and  

	d.  on 29 November 1966, he reenlisted for a period of 6 years in his Permanent rank/grade of SGM/E-9 (P).

4.  Item 33 (Appointments and Reductions) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant’s last appointed grade was “staff sergeant major” [SSM/E-9 (P)] in accordance with the Department of the Army Message 864767, dated 20 May 1968.  This message is not available for review with this case.

5.  On 5 June 1968, by electronic message, Headquarters, Department of the Army, notified the applicant that his request for retirement, dated 29 September 1967, was approved in the grade of SGM/E-9, effective 31 May 1969.  Accordingly, he was released from active duty on 31 May 1969 and placed on the retired list effective 1 June 1969.



6.  The DD Form 214 he was issued at the time of his retirement shows his rank in Items 5a and 19 as “SSM” and his date of rank in Item 6 as "4 March 1966."

7.  Army Regulation 600-200 (Enlisted Personnel Management System) in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 9 of this regulation stated, in effect, that the Enlisted Qualification Record (DA Form 20) with Insert Sheets to DA Form 20 (DA Forms 20A and 20B), when applicable, was the basic document for maintaining current data necessary to manage enlisted personnel and document their military career.  Item 2 (Grade) of the DA Form 20, was entered in pencil and reflected the abbreviation and pay grade for the Soldier’s current grade of rank and pay grade.  This entry must agree with current grade of rank and pay grade recorded in item 33.  The abbreviation for the rank of sergeant major was SGM.  Item 3 (Date of Rank), also entered in pencil, reflected the date of rank of the Soldier’s grade of rank shown in Item 2 and the entry must also agree with the date of rank recorded in Item 33.  

8.  Army Regulation 600-20 (Command Policy), dated 31 January 1967, established policy and prescribed certain procedures relative to the several basic aspects of command within the Army.  Paragraph 7 of the regulation in effect at the time, listed the grades of rank in the Army, in order of their precedence or relative rank.  Pay grade E-9 pertained to the rank of Sergeant Major of the Army (SMA) and Sergeant Major (SGM).  However, the Command Sergeant Major (CSM) program was established in July 1967, 

	a.  Change 2, dated 3 April 1968, to Army Regulation 600-20, further expanded the pay grade E-9 to include the ranks of Sergeant Major of the Army (SMA), Command Sergeant Major (CSM), Sergeant Major (SGM), and Staff Sergeant Major (SSM), the latter being a designation for all E-9s not formally selected by the Department of the Army for participation in the Command Sergeants Major Program; 

	b.  Change 3, dated 17 May 1968, to Army Regulation 600-20, further made the distinction between a SGM and SSM.  All E-9s not formally selected for the CSM Program were referred to as "Staff Sergeants Major" while those formally selected by the Department of the Army for participation in the CSM Program were referred to as "Sergeants Major"; and

	c.  Change  5, dated 1 November 1969, to Army Regulation 600-20, indicated that pay grade E-9 referred to the ranks of SMA, CSM, and SGM.

9.  Army Regulation 614-200 (Selection of Enlisted Soldiers for Training and Assignment) states, in pertinent part, that a CSM Selection Board convenes 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 selects personnel to fill existing and projected vacancies for a selected period consistent with the needs of the Army.  A selection list is announced and includes administrative instructions for appointment of the selected Soldiers.  Appointment to CSM and award of the primary MOS 00Z5O are by official orders.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  In the version in effect at the time, Item 5a (Grade, Rate or Rank) showed the rank in which the Soldier was serving in at the time of separation with an indication whether the rank was permanent or temporary and Item 5b (Pay Grade) showed the pay grade.  Item 6 (Date of Rank) showed the Soldier's date of rank.  If the date of rank was different from date of appointment, an entry was made in Item 30 (Remarks).  If the grade at the time of separation was not permanent, the permanent grade, date of appointment, and date of rank were entered in Item 30.  Item 19 showed the grade in which the Soldier actually entered on current tour of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his rank should be corrected to show "SGM" and his date of rank should be corrected to show "14 March 1960."

2.  Army Regulation 600-20 provides that, after the introduction of the Command Sergeants Major Program, all E-9s were considered for selection by the Department of the Army for participation in the CSM Program.  Those who were not formally selected were referred to as "Staff Sergeants Major" or "SSM."  There is no record of the applicant having been selected as a CSM.  Therefore, the applicant's rank at the time of his retirement was that of a Staff Sergeant Major (SSM) and this rank is correctly shown on his records. 


3.  Although the Army has long stopped using the rank of Staff Sergeant Major, 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.  The applicant's record is void of the Headquarters, Department of the Army Message Number 864767, dated 20 May 1968, as indicated in Item 33 of the applicant's DA Form 20.  Although this message may explain why the applicant's date of rank is listed as 14 March 1966 instead of 14 March 1960, Item 33 of the applicant's DA Form 20 consistently listed his date of rank to E-9 as 14 March 1960.  Therefore, the entry in Item 6 (Date of Rank) of the applicant's DD Form 214 appears to be a typographical error and should be corrected.

5.  With respect to the applicant's rank at the time of entry into the period of service covered by the DD Form 214 in question, evidence of record shows that he was separated on 28 November 1966 in the rank of "SGM" and reenlisted on 29 November 1966 in the rank of "SGM."  Therefore, it also appears that the "SSM E-9" entry in Item 19 was erroneous and should be corrected.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__tsk___  __jlp___  __dwt___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry “14 March 1966” from Item 6 of the applicant’s DD Form 214, dated 31 May 1969 and adding the entry “14 March 1960”, and

      b.  deleting the entry “SSM E-9” from Item 19 of the applicant’s DD Form 214, dated 31 May 1969, and adding the entry “SGM E-9.”

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing the rank of SGM in Item 5a of the DD Form 214.



								TSK
      ______________________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070017029



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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