IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090008472
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 30 April 1988 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he retired in the rank of first sergeant (1SG).
2. The applicant states that his records currently show his rank as master sergeant (MSG) and that they should show 1SG. He maintains that his records indicate his successful service as a 1SG.
3. The applicant provides a copy of his DD Form 214, promotion orders, and lateral appointment orders.
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 records show he enlisted in the Regular Army on 30 November 1967 and through a series of reenlistments was honorably retired on 30 April 1988.
3. Item 4a (Grade, Rate, or Rank) of the applicants DD Form 214 shows his rank as MSG.
4. Item 18 (Remarks), a continuation from item 14 (Military Education), of the applicant's DD Form 214 shows that he completed the First Sergeants Course in 1985.
5. On 9 May 1985, the applicant was awarded primary military occupational specialty 63Z5M.
6. On 1 June 1985, the applicant was promoted to MSG/E-8 and on 3 June 1985 he was laterally appointed as a 1SG.
7. The applicant's application for retirement shows 1SG as the highest grade he served on active duty. Additionally, his retirement orders show his retired grade as 1SG.
8. Army Regulation 635-200 (Personnel Separations), chapter 12, states that noncommissioned officers holding the grade of MSG at retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the grade title 1SG. The only criteria for such placement on the retired list are: (1) the Soldier must be serving as and retiring as an MSG, (2) the Soldier must possess skill qualification identifier (SQI) "M," and (3) the Soldier must have served as a 1SG as an E-8.
9. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter from the Enlisted Record Brief the active duty grade or rank and pay grade at the time of separation in item 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 is correct as prepared in accordance with Army Regulation 635-5 in that he separated from active duty in the rank of MSG. His retirement orders are also correct as prepared in accordance with Army Regulation 635-200 in that he was placed on the Retired List in the rank of 1SG.
2. There is no provision to amend his DD Form 214 unless he was actively serving as a 1SG at the time of his separation from active duty, which does not appear to be the case. As such, there is no error or injustice.
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.
ABCMR Record of Proceedings (cont) AR20090008472
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090008472
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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