IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20080007019
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show he retired in the rank of "command sergeant major (CSM)" instead of "sergeant major (SGM)."
2. The applicant states that at the time of his retirement, the appointment orders were not available at the U.S. Army Transition Center, Fort Meade, Maryland, resulting in his military identification card and retirement orders showing his rank as a SGM instead of a CSM.
3. The applicant provides the following additional documentary evidence in support of his application:
a. Letters, dated 18 February 2008 and 30 April 2008, from the National Personnel Records Center.
b. Disposition Form, dated 27 August 1970, and Undated Joint Message Form, Zone of Consideration for Appointment to CSM.
c. Retirement Account Statement, dated 27 April 2004.
d. Special Orders Number 140, dated 19 July 1974, Retirement Orders.
e. DD Form 214 (Report of Separation from Active Duty), dated 31 July 1974.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he is a retired SGM who served in several staff and leadership positions in military occupational specialty (MOS) 91Z, completed over 30 years of creditable military service, and was placed on the retired list on 1 August 1974.
4. Item 6a (Grade, Rate or Rank) of the applicant's DD Form 214 shows the entry "SGM" and Item 7 (Date of Rank) shows the entry 7 January 1964.
5. The applicant's reconstructed record does not reveal appointment orders to the rank of CSM.
6. The Disposition Form, dated 27 August 1970, shows the applicant was notified that his records would be considered for appointment as a CSM. However, there is no indication if his records were considered or that he was selected for appointment to CSM.
7. The standard name line on the applicant's retirement orders, dated 19 July 1974, shows the applicant's rank as "SGM."
8. The applicant's Retiree Account Statement, dated 27 April 2004, shows the applicant's rank as "CSM."
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 6a 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 6b (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).
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records and the applicant did not provide substantiating evidence that shows he was selected for appointment to CSM and/or served as a CSM. Furthermore, the applicant's record is void of the appointment orders that appointed him to the rank of CSM. Therefore, there is insufficient evidence to correct the applicant's rank from SGM to CSM in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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