IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100024397
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 retirement orders, dated 21 October 2005, to show he retired in the rank/grade of first sergeant (1SG)/E-8 instead of master sergeant (MSG)/E-8.
2. The applicant states he was promoted to 1SG/E-8 in June 2002 and he performed duties as a 1SG. He never held the rank of MSG. He knows the pay is the same; however, it is a matter of pride.
3. The applicant provides Orders 126-3 (Reassignment order), dated
7 September 1993, and his DA Form 2-1 (Personnel Qualification Record).
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's records show he was born on 3 February 1946.
3. Having had prior service in the Regular Army, he enlisted in the U.S. Army Reserve (USAR) on 12 February 1981 and he served through multiple extensions or reenlistments.
4. On 30 April 1992, Headquarters, 78th Division, Edison, NJ, published Orders 38-18 promoting the applicant to MSG/E-8, effective 30 April 1992.
5. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 does not show he was appointed to 1SG and his records do not contain official orders appointing him as a 1SG. However, item 35 (Record of Assignments) shows:
* He served as the 1SG of B Company, 2nd Battalion, 309th Regiment, 78th Division, Camden, NJ, from 1 June 1992 to 22 February 1993
* He served as the 1SG of D Company, 1st Battalion, 4th Brigade, 78th "Regiment," Edison, NJ, from 23 February 1993 to 31 March 1994
6. On 22 March 1994, Headquarters, 78th Division, Edison, NJ, published Orders 29-1 releasing him from his assignment and transferring him to the Retired Reserve effective 1 April 1994. His rank is listed as 1SG.
7. On 21 October 2005, the U.S. Army Human Resources Command, St. Louis, MO, published Orders P10-590489 placing him on the retired list in the rank of MSG effective 3 February 2006, his 60th birthday.
8. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve components Soldiers. Paragraph 2-2 states a MSG/E8 who formerly held the title of 1SG and who wishes to be shown on the Retired list in his or her former title must include the following documents with their application for retired pay: A copy of the appointment to 1SG and a copy of the release order from the first sergeant status is required (Service must have been satisfactory and the person was not released from that status for cause.)
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to MSG/E-8 on 30 April 1992. Shortly thereafter, he was placed in a position of a company 1SG from June 1992 through March 1994. It is unclear if he was issued appointment orders to 1SG. Although he appears to have satisfactorily served as a 1SG and
he was transferred to the Retired Reserve in that rank, regulations require the presentation of valid appointment orders to 1SG to be placed on the Retired List in that rank. Therefore, there is insufficient documentation to warrant granting his requested relief.
2. Should the applicant be able to obtain the appropriate orders appointing him to 1SG he may submit a request for reconsideration with supporting documents.
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 Department of the Army clearly recognized the applicant as a 1SG. This is particularly based on the orders in his records wherein his rank of 1SG is listed in the standard name line, since standard name lines are to contain an individual's actual rank, not an acting rank. Therefore, it is presumed that he had actually been appointed as a 1SG and the appointment orders are simply unavailable.
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 correcting Orders P10-590489 to show he was placed on the Retired List in the rank of 1SG.
__________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) AR20100024397
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100024397
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100026207
On 24 December 2002, Headquarters, 78th Division, Edison, NJ, published Orders 02-358-00003 ordering the applicant's honorable discharge from the USAR, effective 30 November 2002, after having achieved maximum authorized years of service as a MSG/E-8 (32 years). The applicant was promoted to CSM on 1 December 1997 but his orders were revoked and he received new orders on 3 March 1998 promoting him to SGM/E-9 contingent upon completion of Sergeant Major's Course with 2 years. ...
ARMY | BCMR | CY2013 | 20130019211
The Soldier must be serving in and retiring in the grade of MSG. The applicant held the rank of MSG, not 1SG, on his last day of active duty. His DD Form 214 correctly reflects the rank and grade he held at the time of retirement.
ARMY | BCMR | CY2014 | 20140020564
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing his rank as first sergeant (1SG). Orders Number 15-23, dated 20 February 1987, announced the applicant's promotion to master sergeant (MSG), pay grade E-8 effective 1 April 1987, with a date of rank of 7 March 1987. Regarding the applicant's desire to have his tombstone show his rank as 1SG, he, or his heirs have the option of providing a copy of this Record of Proceedings...
ARMY | BCMR | CY2006 | 20060004660C070205
The applicant requests, in effect, that he be placed on the Retired List in the rank of "First Sergeant" instead of the rank of "MSG" (Master Sergeant). He also states that Army Regulation 635-200, chapter 12, paragraph 12-17, states if a Soldier's record shows successful service as first sergeant, retiring in grade of MSG, having possessed identifier "M", the Soldier will be placed on the Retired List in grade title (rank) of "First Sergeant." The applicant was serving in the rank of MSG...
ARMY | BCMR | CY2007 | 20070010531
The applicant requests, in effect, that his retired rank of master sergeant (MSG) be changed to first sergeant (1SG) on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Additionally, the regulation states, in pertinent part, that Item 4 "Grade, Rate, or Rank" of the DD Form 214 will reflect the active duty grade or rank and pay grade at time of separation. Evidence of record shows that the applicants grade, at the time of his separation, was MSG.
ARMY | BCMR | CY2011 | 20110010596
He is entitled to have item 11 of his DD Form 214 corrected to show he held and served in this MOS 1 year and 8 months. He is entitled to have item 11 of his DD Form 214 corrected to show he held and served in this MOS 6 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 11 of his DD Form 214 the entries "92A5M Automated Logistical - 26 Years 8 Months//92Y5M Unit Supply Specialist - 8 Years 1...
ARMY | BCMR | CY2010 | 20100014893
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). The applicant provides his retirement orders and DD Form 214. In addition, the evidence of record shows his rank at the time of separation/retirement was MSG.
ARMY | BCMR | CY2005 | 20050003826C070206
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 4a that he retired in the rank of first sergeant (1SG). On 1 October 1993, he was recalled to active duty from the Retired Reserve and remained on active duty until he was again released from active duty in the rank of MSG and was transferred back to the Retired Reserve. The Board determined that the evidence presented does not demonstrate the existence of a...
ARMY | BCMR | CY2011 | 20110015586
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * completion of the First Sergeant Course * rank as first sergeant (1SG) vice master sergeant (MSG) 2. Orders 050-0008, dated 19 February 2004, issued by Headquarters, U.S. Army Garrison, Fort Meade, MD, retired him from active duty effective 30 November 2004 and placed him on...
ARMY | BCMR | CY2009 | 20090008719
The applicant's military records show that he was promoted to the rank of MSG/pay grade E-8 with an effective date of 1 November 1985 and a date of rank of 31 October 1985. While it is clear that the applicant successfully served as a 1SG during his military career, he was laterally appointed from 1SG to MSG prior to his retirement. Although the applicant contends that his rank shown on his DD Form 214 should have read 1SG instead of MSG, evidence of record shows that his rank at the time...