IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100020768 


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 he retired as a first sergeant (1SG).  He also requests award of the Army Good Conduct Medal (AGCM) (8th Award).  

2.  The applicant states, in effect, he should be retired as a 1SG because he served as a 1SG for nearly 3 years although, through no fault of his own, he did not attend the First Sergeant Course (FSC). 

3.  The applicant provides copies of

* his DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214) dated 31 August 2009
* an Enlisted Record Brief (ERB), dated 27 June 2007
* orders placing him on the retired list
* a completion notice showing he completed the pre-resident FSC

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 September 1983 and served until he retired honorably on 30 September 2007.  He completed 24 years and 5 days of active military service.

2.  His DD Form 214 shows in items 4a (Grade, Rate or Rank) and 4b (Pay Grade) he retired as a master sergeant (MSG)/E-8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the AGCM (7th Award).  Item 14 (Military Education) does not show he completed the FSC.

3.  An ERB in his record shows in:

* Section I (Assignment Information) he held special qualification identifier (SQI) 8 (Instructor)
* Section III (Service Data) he was promoted to MSG/E-8 effective 1 May 2000
* Section VIII (Awards and Decorations) he received the AGCM (7th Award)
* Section IX (Assignment Information) he held the duty title First Sergeant from 15 September 1999 to 31 August 2002

4.  Section VI (Military Education) of his ERB shows he completed the U.S. Army Sergeants Major Academy (USASMA) Resident Course in 2004.  This section does not show he completed the FSC.

5.  Permanent Orders 247-0010, issued by Headquarters, U.S. Army Armor Center and Fort Knox, on 3 September 2004, awarded him the AGCM (7th Award) for the period 26 September 2001 to 25 September 2004.

6.  The record is void of documentation showing he was awarded the AGCM (8th Award) or that he was the subject of any disciplinary actions subsequent to 25 September 2004.

7.  The applicant made the following statement in his application:

While serving as a First Sergeant, I repeatedly requested to the chain of command to attend the US Army First Sergeants Course.  I was always told that I was "mission essential" and was unable to get into the next class.  I understood the reasoning because the operations tempo was very high for the unit.  This happened over the course of about three years.  I was a Battery First Sergeant for a Firing Battery as well as a Headquarters battery.  I even spent nearly six months as the Battalion Command Sergeant Major.  I was eventually able to get into the Pre-Resident First Sergeant Course in lieu of the resident course.  I then made the list to attend the US Army Sergeants Major Course, so I was dropped from the First Sergeant Course.  This was after nearly three years as a First Sergeant.  I then attended the Sergeants Major Course and was a graduate of class #54.  I have never understood how the Army could retire a Soldier as a Master Sergeant that had three years of First Sergeant time, six months [of] Command Sergeant Major time, and also be a USASMA graduate.  

8.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states noncommissioned officers (NCO) 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 following are the only criteria for such placement on the retired list:

	a. The Soldier must be serving in and retiring in the grade of MSG.

	b. The Soldier must possess SQI “M.”

	c.  The Soldier must have served as a 1SG in the grade of MSG.  No minimum time period is specified.  Service in the duty position of 1SG while in the grade of SFC does not meet this requirement.

9.  Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) lists authorized SQIs and provides criteria for award of SQIs.  Table 12-1 states SQI "M" identifies principal NCO (1SG) positions in company, battery, troop, or similar sized units.  To qualify for SQI "M," a Soldier must be in pay grade E-7 or E-8 and meet one of the following criteria:

	a.  Successfully complete the FSC conducted under the auspices of the Sergeants Major Academy, Ft Bliss, TX; successfully serve 180 days in a 1SG position; and be approved for award by the battalion commander or equivalent level authority.

	b.  In a short tour/hostile fire area, successfully complete 180 days service in a 1SG position and be approved for award by the first general officer in the chain of command.  Soldiers awarded SQI "M" under these provisions should attend FSC prior to another assignment as 1SG.

10.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support the applicant's request for correction of his DD Form 214 to show he retired as a 1SG.  The evidence does support awarding him the AGCM (8th Award).

2.  The governing regulation clearly states that possession of SQI "M" is required to retire in grade title 1SG.  The record shows he did not complete the FSC and was not awarded SQI "M."  Although he states operational needs prevented him from completing the FSC, there is no documentary evidence verifying this was the case.  To change his record to show he retired as a 1SG would create an inequity for those who met all of the criteria.  Therefore, he is not entitled to correction of his DD Form 214 to show he retired in the grade title 1SG.

3.  The evidence shows he was awarded the AGCM (7th Award), but subsequently completed an additional qualifying period of service and was not the subject of any disciplinary action during that period.  Therefore, it would be appropriate to award him the AGCM (8th Award) for his service from 26 September 2004 to 25 September 2007.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that the applicant's request to show he retired as a 1SG should be granted based upon equity.  Although he did not attend the 1SG course he served successfully in the position and with the responsibility of 1SG for three years.  His successful and extended service in a 1SG position lends much credibility to his contention that he was unable to attend the course due to the very high operations tempo of his unit.  The Board believed that he should be granted the recognition requested.

2.  Therefore, the Board determined that the evidence presented was sufficient to warrant a recommendation for full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his retirement orders to show his retired grade of rank as 1SG;

	b.  awarding him the AGCM (8th Award) for the period 26 September 2004 to 25 September 2007; and
	c.  adding the AGCM (8th Award) to item 13 of his DD Form 214.

      
      
      
      _______ _  XXX _______   ___
               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)                                         AR20100020768





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ABCMR Record of Proceedings (cont)                                         AR20100020768



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