BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100014893
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his retired rank as first sergeant (1SG) instead of master sergeant (MSG).
2. The applicant states he served 8 years and 6 months as a 1SG, but the civilian who out-processed him looked at the rank on his uniform instead of the rank on his retirement orders.
3. The applicant provides his retirement orders and DD Form 214.
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's records show he enlisted in the Regular Army on 18 November 1960. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 71N (Movement Specialist). At a later date, he was awarded primary MOS 64Z (Operations Sergeant).
3. On 3 January 1980, he was promoted to MSG/E-8. His DA Form 2-1 (Personnel Qualification Record) shows he served in a 1SG position from 9 March 1981 to 1 June 1983 while assigned to Headquarters and Headquarters Company, 593rd Support Group, Fort Lewis, WA.
4. On 11 October 1983, he was reassigned to the 78th Transportation Company, Mainz, Germany. On 18 October 1983, U.S. Army Regional Personnel Center, Mainz, Germany, published Orders 291-15 laterally appointing him as a 1SG. He remained in this position until 1 December 1985 when he was reassigned to Headquarters and Headquarters Company, National Training Center and Fort Irwin, Fort Irwin, CA, as a MSG and senior supervisor in MOS 64Z5M.
5. On 3 April 1987, Headquarters, National Training Center and Fort Irwin, published Orders 64-16 laterally appointing him as a MSG. On 17 March 1988, Headquarters, National Training Center and Fort Irwin, published Orders 52-7 releasing him from active duty on 30 September 1988 and placing him on the Retired List in the retired rank/grade of 1SG/E-8 on 1 October 1988. The orders show his rank as MSG. Item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of the DD Form 214 he was issued show "MSG" and "E-8."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The active duty grade or rank and pay grade at the time of separation is entered in items 4a and 4b.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his retired rank as 1SG instead of MSG.
2. Although the applicant's retirement orders state he will be placed on the Retired List in the rank of 1SG, it shows his rank at the time the orders were published as MSG. In addition, the evidence of record shows his rank at the time of separation/retirement was MSG.
3. 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. His DD Form 214 correctly reflects his rank at the time of retirement as MSG. Therefore, there is no basis for granting the requested relief.
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.
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