IN THE CASE OF:	

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090013273 


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 rank title be changed to first sergeant on his retirement orders and on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that the highest rank/grade he held was first sergeant (1SG)/E-8 but he did not notice at the time of separation that he was shown to be a master sergeant (MSG)/E-8.  He would like his headstone to show his rank as first sergeant instead of master sergeant.

3.  The applicant provides copies of two DD Forms 214, his retirement orders, a DA Form 2A (Personnel Qualification Record, Part I), a DA Form 2-1 (Personnel Qualification Record, Part II), and a DA Form 2166-7 (NCO [Noncommissioned Officer] Evaluation Report) as a first sergeant 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant enlisted in the Regular Army (RA) and served for 20 years and
8 days of total active service.

3.  Records show he was promoted to MSG, effective 1 August 1991, in military occupational specialty (MOS) 54B5H (Chemical Operations Specialist).  The "H" special qualification identifier (SQI) indicates he was instructor qualified.

4.  He was reassigned to a first sergeant position and laterally appointed to the rank of 1SG, effective 13 August 1991.  His MOS was changed to 54B5M with the "M" SQI showing he was first sergeant qualified.  He successfully performed the duties of a 1SG until his reassignment from a 1SG position to a MSG position and lateral appointed back to the rank of MSG on 17 May 1993.

5.  The applicant retired by reason of sufficient service for retirement on
30 September 1994.  His DD Form 214 shows the rank of MSG at the time of retirement.

6.  The applicant's records also contain a copy of 510th Personnel Service Company (PSC), Orders 22-5, dated 2 February 1994, that show he was released from active duty and placed on the retired list effective 30 September 1994.  It also shows his retired rank as "Master Sergeant."

7.  Army Regulation 611-201 (Military Occupational Classification and Structure) states that the MOS is used to classify both personnel and positions in authorization documents.  The elements of the MOS include:  the first three characters are a numeric-alpha combination that identifies the MOS without regard to level of skill, the first two characters relate to the MOS and identify the career management field of which the MOS is part of; the fourth character is a number that shows skill and grade level in the MOS; the fifth character may be a letter or a number that reflects a special qualification identifier common to a number of positions and MOS.  The fifth character "M" is a designation of an NCO meeting first sergeant qualification.

8.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, paragraph 12-17, states that NCOs holding the rank of master sergeant at retirement, whose records show successful service as first sergeant, will be placed on the retired list in the rank title of first sergeant.  The following are the criteria for such placement on the retired list as a first sergeant:  the Soldier must be serving in and retiring in the grade of master sergeant, the Soldier must possess an SQI of "M," and the Soldier must have served as a first sergeant in pay grade of E-8.

9.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 4a (Grade, Rate, or Rank) enter the active duty rank at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he held the rank title of first sergeant but it was not caught at the time of his retirement.  He would like his headstone to show first sergeant instead of master sergeant.

2.  The applicant successfully served in the capacity of first sergeant and he held the SQI of "M" in the rank/grade of MSG/E-8 time of his retirement.  Therefore, his retirement orders should be corrected to show his retired grade of rank as "First Sergeant" in lieu of "Master Sergeant" as presently shown.

3.  The applicant's DD Form 214 shows his grade of rank as MSG.  By regulation, a Soldier's rank at the time of separation will be reflected on the DD Form 214.  Since the applicant's rank was MSG at the time of separation his DD Form 214 is correct as constituted.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X__  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
amending 510th PSC Orders 22-5, dated 2 February 1994, to show his retired grade of rank as "First Sergeant" instead of "Master Sergeant" as presently shown.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the applicant’s rank on his DD Form 214 for the period ending 30 September 1994.



      __________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)                                         AR20090013273



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ABCMR Record of Proceedings (cont)                                         AR20090013273



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