IN THE CASE OF:
BOARD DATE: 8 July 2008
DOCKET NUMBER: AR20080007172
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, in effect, correction of his records to show he retired in the rank/grade of sergeant major (SGM)/E-9.
2. The applicant states that was selected to run a base support battalion in Germany from 1992 to 1994 and he served in military occupational specialty (MOS) OOZ, a command sergeant major (CSM) position. He successfully managed the third largest community outside the Continental United States (CONUS) and managed the downsizing and/or closure of over 4 to 6 installations. He concludes that he wishes to be awarded the rank/grade of SGM/E-9 for retirement identification purposes only and does not wish any monetary adjustment.
3. The applicant did not provide any additional documentary evidence 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 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 applicant's records show that he initially enlisted in the Regular Army on 30 January 1970 and served in MOS 71M (Chaplain Assistant) throughout the majority of his military career. He was promoted to sergeant first class (SFC)/E-7 on 1 August 1984 and to master sergeant (MSG)/E-8 on 1 April 1992. He completed 24 years of honorable service and was placed on the retired list in the rank/grade of MSG/E-8 on 31 January 1994.
3. Item 18 (Appointments and Reductions) of the applicants DA Form 2-1 (Personnel Qualification Record) shows the highest rank attained by the applicant as that of a MSG.
4. Headquarters Company, 99th Area Support Group, Orders 3-3, dated 21 July 1992, show that, effective 16 July 1992, the applicants rank of First Sergeant was terminated and he was subsequently appointed as a Master Sergeant.
5. Items 6 (Highest Grade Served on Active Duty and Branch of Service) of the applicants DA Form 2339 (Application for Voluntary Retirement), dated 28 December 1993, shows the entry E-8/1SG.
6. The applicants records do not contain permanent orders that he was promoted to SGM/E-9.
7. A historical search of records of Soldiers selected for promotion to SGM/E-9 conducted by a staff member of the Promotion Branch, Human Resources Command, Alexandria, Virginia, revealed the applicant was considered for promotion to SGM/E-9 several times; however, he was not selected for promotion to SGM/E-9.
8. Item 35 (Records of Assignment) of the applicants DA Form 2-1 (Personnel Qualification Record) shows he performed duties as Battalion Sergeant Major of the 416th Base Support Battalion from 16 July 1992 until he retired on
31 January 1994.
9. Headquarters, V Corps, Orders 5-1, dated 11 January 1994, show the applicant was placed on the retired list in the retired rank of First Sergeant/E-8.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that 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 also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The active duty grade or rank and pay grade at the time of separation is entered in Item 4 and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 12h.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available record that shows the applicant was selected for promotion to SGM/E-9. Furthermore, there is no provision in the applicable regulation that entitles a Soldier to promotion to SGM/E-9 for serving in a SGM or CSM position.
2. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy this requirement. Therefore, the applicant is not entitled to relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
_ _______ X ______________
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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