IN THE CASE OF:
BOARD DATE: 3 December 2009
DOCKET NUMBER: AR20090011334
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 the 1SG of Company B, 399th Regiment, 100th Division (Training), and was awarded the special qualification identifier (SQI) "M" for 1SG. He was placed on the Retired List in the rank/grade of master sergeant (MSG)/E-8.
3. The applicant provides no additional documentation 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, a career Reservist, was 66 years and 11 months of age and retired in the rank/pay grade of MSG/E-8 at the time of his application.
3. On 10 May 1982, the applicant was promoted to MSG/E-8. He held military occupational specialty (MOS) 19Z5M (Armor Senior Sergeant with the 1SG SQI).
4. During the period 1 December 1984 to 11 March 1986, the applicant served as the 1SG of Company B, 3rd Battalion, 399th Regiment, 100th Division (Training), located in Hopkinsville, Kentucky.
5. On 12 March 1986, the applicant was assigned for duty as a MSG/E-8 with the 3290th U.S. Army Reserve Forces School located in Nashville, Tennessee.
6. Orders 24-7, 125th U.S. Army Reserve Command, dated 18 April 1989, withdrew the applicant's primary MOS of 19Z5M and his additional MOS of 75Z5O and awarded him the primary MOS of 75Z5O (Senior Personnel Sergeant) and a secondary MOS of 71L5O (Senior Administrative Sergeant).
7. The U.S. Army Reserve Personnel Center notified the applicant in a letter, dated 22 June 1989, that he had completed the required years of service and had qualified for retired pay upon application at 60 years of age (20-year letter).
8. Orders 96-2, Headquarters, Second U.S. Army, dated 25 February 1991, transferred the applicant to the U.S. Army Reserve Control Group (Retired) in the rank/pay grade of MSG/E-8 effective 28 February 1991.
9. The applicant's DD Form 108 (Application for Retired Pay Benefits) is not contained in the available records.
10. Army Regulation 135-180 (Qualifying Service for Retired Pay, Nonregular Service) provides, in pertinent part, that a MSG/E-8 who formerly held the title of 1SG and who wishes to be shown on the Retired List in 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 1SG and
b. a copy of the release order from 1SG status (service must have been satisfactory and the person 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 U.S. Army Reserve Control Group (Retired) effective 28 February 1991 in the rank/grade of MSG/E-8.
3. The applicant 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 to be placed on the Retired List in the rank/grade of 1SG/E-8 in conjunction with his request for retired pay 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 Retired List in the rank/grade of 1SG/E-8;
b. showing that he provided all the required documents in conjunction with his DD Form 108;
c. showing that he was retired as a 1SG/E-8; and
d. providing the applicant with the appropriate documents/instructions for obtaining a retired identification card showing him to be a 1SG/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) AR20090011334
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ABCMR Record of Proceedings (cont) AR20090011334
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