IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080017750
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, that his records be corrected to show he was placed on the Retired List in the rank of First Sergeant instead of Master Sergeant.
2. The applicant states that he was not aware that he had the option of being placed on the Retired List as a First Sergeant until recently.
3. The applicant provides excerpts from his military records.
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 military records show that he enlisted in the Army National Guard (ARNG) on 9 May 1950, was promoted to pay grade E-7, and was discharged on 9 October 1961.
3. The applicant had a break in service until his enlistment in the ARNG on 13 June 1975. He served continuously and was placed in a First Sergeant position on 10 January 1984. He was promoted to the rank of First Sergeant, pay grade E-8, on 12 July 1984.
4. The applicant served as a First Sergeant until 11 March 1990.
5. The applicant then served as a Master Sergeant until 31 July 1991.
6. The applicant was laterally appointed as a First Sergeant on 10 December 1991 and served in that capacity until 13 July 1992.
7. The applicant then served as a Master Sergeant until his transfer to the Retired Reserve on 30 April 1993.
8. The applicant was placed on the Retired List on 25 April 1993.
9. Army Regulation 135-180, Qualifying Service for Retired Pay Nonregular Service, paragraph 2-2, in effect at the time, stated that a Master Sergeant E-8 who formerly held the title of First Sergeant and who wishes to be shown on the Retired List in his or her former title must include verification of service in that rank.
DISCUSSION AND CONCLUSIONS:
1. The evidence conclusively shows that the applicant was laterally appointed to, as served as, a First Sergeant.
2. It is reasonable to presume that the applicant was not aware that he could have requested placement on the Retired List in the rank of First Sergeant.
3. As such, it would be appropriate to correct the applicant's records as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was placed on the Retired List in the rank of First Sergeant.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20080017750
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080017750
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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