IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090008777
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 military records to show that he was retired in the rank/grade of first sergeant (1SG)/E-8.
2. The applicant states that he served as a first sergeant but was placed on the retired list in the rank/grade of master sergeant (MSG)/E-8.
3. The applicant provides no documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant, who was 63 years of age, was retired in the rank/pay grade of MSG/E-8.
2. On 3 November 1982, the applicant was promoted to 1SG/E-8. He held military occupational specialty (MOS) 71L5M (Administration Noncommissioned Officer with a first sergeant skill qualification identifier of "M").
3. During the period 3 November 1982 to 2 October 1986, the applicant served as the first sergeant of A Company, 3rd Battalion, 104th Regiment, 3rd Training Brigade, located in Bellingham, WA.
4. Orders 109-023, Headquarters, 104th Division (Training), Vancouver, WA, dated 6 November 1986, reassigned the applicant to the U.S. Army Reserve
(USAR) Control Group (Reinforcement), St. Louis, MO, by reason of personal over 24 years of service [code JP1]. The orders indicate his rank as 1SG.
5. Orders C-08-327991, USAR Personnel Center, St. Louis, dated 2 August 1993, released the applicant from the USAR Control Group (Reinforcement) and assigned him to the Retired Reserve by reason of failure to earn sufficient retirement points. The orders indicate his rank as MSG.
6. The applicant DD Form 108 (Application for Retired Pay Benefits) is not contained in the available records.
7. As a result of the applicant's DD Form 108 processing, Orders P03-582384, USAR Personnel Center, St. Louis, dated 8 March 2005 were published placing him on the AUS Retired List on 8 June 2005 in the rank/grade of master sergeant (MSG)/E-8.
8. Army Regulation 135-180 (Qualifying Service for Retired Pay, Non-regular Service) provides, in pertinent part, that a master sergeant (MSG)/E-8 who formerly held the title of first sergeant and who wishes to be shown on the Retired List in of his/her former title must include the following documents with the DD Form 108 (Application for Retired Pay Benefits):
a. A copy of the appointment to first sergeant.
b. A copy of the release order from the first sergeant status. (Service must have been satisfactory and the person was not released from that status for cause.)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should have been placed on the Retired List as a 1SG/E-8.
2. Records show he was transferred to the USAR Control Group (Reinforcement) effective 3 October 1986 in the rank/grade of 1SG/E-8. He was then transferred to the Retired Reserve on 2 August 1993 in the rank/grade of MSG/E-8.
3. The applicant was subsequently placed on the AUS Retired List in the rank/grade of MSG/E-8. However, he met the qualifications and successfully held and served in the rank/grade of 1SG/E-8. Therefore, the applicant's records should be corrected to show that he requested, in conjunction with his request for retired pay, to be placed on the Retired List in the rank/grade of 1SG/E-8 and that he submitted the required documents with his DD Form 108.
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:
a. showing that the applicant properly completed his DD Form 108 indicating he requested to placed on the AUS Retired List in the rank/grade of first sergeant (1SG)/E-8;
b. showing that he provided all the required documents in conjunction with his DD Form 108; and
c. amending Orders P03-582384, dated 8 March 2005, to show his retired grade as "First Sergeant (E-8)."
_________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) AR20090008777
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ABCMR Record of Proceedings (cont) AR20090008777
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