IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090008216
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 was placed on the retired list in the rank of command sergeant major (CSM).
2. The applicant states he served as a CSM prior to being laterally moved to a staff position in the rank of sergeant major (SGM).
3. The applicant provides his CSM promotion order; U.S. Army Sergeants Major Course Academic Evaluation Report and Diploma; CSM's award; the Meritorious Service Medal awarded while he was a CSM; Office of the Adjutant General of Virginia, Virginia National Guard Orders 193-095, dated 6 October 1997; Office of the Adjutant General of Virginia, Virginia National Guard Orders 048-1152, dated 17 February 1999; National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); and U. S. Army Human Resources Command (HRC) St. Louis Orders P11-818295, dated 28 November 2008, in support of this 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. He enlisted in the Army National Guard on 17 September 1967. He was promoted to CSM/pay grade E-9 on 1 April 1995. On 1 October 1997, he was transferred to a chief operations sergeant position in the rank of SGM/pay grade E-9. The applicant was assigned to the Retired Reserve effective 1 February 1999 in the rank of SGM.
3. HRC, St. Louis Orders P11-818295, dated 28 November 2008, placed the applicant on the retired list in the rank of SGM/E-9. His NGB Form 22 shows his rank as SGM.
4. National Guard Regulation (NGR) 600200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the Army National Guard and the Army National Guard of the United States enlisted Soldiers. Chapter 9, in effect at the time, prescribed that following voluntary withdrawal from the CSM program and transfer to a SGM vacancy an individual may be eligible for reappointment to CSM on transfer to the Retired Reserve (if serving in the rank of SGM).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he was placed on the retired list in the rank of CSM.
2. The applicant's records reflect that he served honorably as a CSM for two and one-half years. He was then released from the CSM program and he was assigned and served as a SGM until he was transferred to the Retired Reserve in the rank of SGM effective 1 February 1999.
3. In view of the foregoing, the applicant is entitled to have his records corrected to show he was placed on the retired list in the retired rank of CSM/E-9.
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 amending HRC, St. Louis Orders P11-818295, dated 28 November 2008, to show the applicant was placed on the retired list in the retired rank of CSM/E-9.
_______ _ 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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