RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20080000855
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:
Chairperson
Member
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 item 4a (Grade, Rate or Rank) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2007 be corrected to show first sergeant instead of master sergeant.
2. The applicant states that his authorized retirement rank is first sergeant but his DD Form 214 for the period ending 30 November 2007 reflects his rank at the time his retirement orders were issued.
3. The applicant provides a DD Form 214 for the period ending 30 November 2007; retirement orders, dated 22 January 2007; and an Enlisted Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 11 September 1986 and remained on active duty through continuous reenlistments. He was promoted to master sergeant effective 1 August 2002.
2. On an unknown date, the applicant was laterally appointed to first sergeant. His noncommissioned officer evaluation reports (NCOERs) for the periods November 2001 to October 2002 and November 2002 to June 2003 show his principal duty title was first sergeant.
3. On an unknown date, the applicant was laterally appointed to master sergeant. His NCOER for the period 1 June 2006 to 31 May 2007 shows his principal duty title was petroleum and water advisor and his rank was master sergeant.
4. On 30 November 2007, the applicant retired in the rank of master sergeant. He was placed on the retired list in the rank of first sergeant on 1 December 2007.
5. In the processing of this case, a staff advisory opinion was obtained from the Reserve Components Promotions Division, U.S. Army Human Resources Command, St. Louis, Missouri. The opinion states that the Chief, Transition Center, U.S. Army Transition Point at Fort McPherson, Georgia confirmed that the applicants DD Form 214, retirement orders, and his Enlisted Record Brief were correct. A Soldier is retired in the grade/rank they hold on the day immediately prior to being placed on the Retired List. The applicant held the rank of master sergeant on 30 November 2007 and he was subsequently placed on the Retired List effective 1 December 2007 in the highest grade of rank held satisfactorily which was first sergeant.
6. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given timeframe.
7. Title 10, U.S. Code, section 3961(b) states that, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by section 3961(a) (which discusses commissioned officers) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.
8. Army Regulation 635-5 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 Soldiers 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.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant held the rank of master sergeant at the time of his retirement on 30 November 2007. The following day, on 1 December 2007, he was placed on the retired list in the rank of first sergeant. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. He was a master sergeant on 30 November 2007. Item 4a on his DD Form 214 for the period ending 30 November 2007 correctly shows he retired in the rank of master sergeant. Therefore, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
XX_____ __XX____ _XX_____ 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.
___ XX _______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000855
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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