IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100029252
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 his retirement grade be changed to first sergeant instead of master sergeant.
2. The applicant states he had earned the Special Qualification Identifier (SQI) "M." He understands there is no pay difference.
3. The applicant provides orders withdrawing military occupational specialty (MOS) 75Z5M (Personnel Sergeant with first sergeant SQI of M).
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. He enlisted in the Regular Army on 23 June 1966 and continued to serve until his retirement.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served with the 83th Engineer Detachment, Fort Carson, CO with the principal duty of acting first sergeant from 1 June 1972 to 20 August 1972. His DA Form 2-1 does not show any other assignments where his principal duty was first sergeant.
4. He was promoted to master sergeant effective 1 November 1982.
5. His DA Form 2166-7 (NCO Evaluation Report) (NCOER) for the period June 1983 through May 1984 shows his primary MOS as 75Z5M and his duty MOS as 11B5M (Infantryman with SQI for first sergeant). His principal duty title was NCOIC (noncommissioned officer in charge) Organizational Effectiveness Office.
6. His NCOER for the period from October 1985 through May 1986 shows his principal duty title as NCOIC Officer Records and Management Branch.
7. On 31 July 1986, he retired for length of service and placed on the Retired List the following day. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his rank and grade as master sergeant/pay grade E-8.
8. Headquarters, Fort Sheridan, Fort Sheridan, IL Orders 223-21, dated
6 November 1985, released him from active duty and placed him on the Retired List the following day. His retired grade of rank is shown as master sergeant.
9. Army Regulation 635-5 (Separation Documents), then in effect, stated the active duty grade of rank and pay grade at time of separation were to be entered on the DD Form 214.
10. Chapter 12 of Army Regulation 635-200 (Personnel Separations) states NCOs holding the grade of master sergeant, E8 at retirement, whose records show successful service as first sergeant, E8, will be placed on the Retired List in the grade title "first sergeant." The following are the only criteria for such placement on the Retired List:
a. must be serving in, and retiring in, grade E8;
b. must possess Special Qualification Identifier "M";
c. must have served as first sergeant in pay grade E8. No minimum time period is specified. Service in the duty position of first sergeant while in grade E-7 does not meet this requirement.
DISCUSSION AND CONCLUSIONS:
1. His NCOER for the period October 1985 to May 1986 indicates he was not serving as a first sergeant. Therefore, his rank and grade of master sergeant/pay grade E-8 on his DD Form 214 is correct.
2. He was a sergeant first class/pay grade E-7 when he was assigned as an acting first sergeant in 1972. Therefore, this period of time cannot be used to fulfill the "served as a first sergeant" requirement for retirement with the grade of first sergeant.
3. His NCOER for the period June 1983 through May 1984 indicates his duty MOS as 11B5M. However, his principle duty title was NCOIC Organizational Effectiveness Office. Therefore, he was not serving as a first sergeant.
4. There is no evidence he served as a first sergeant while in pay grade E-8. Therefore, he does not meet the requirements to be placed on the Retired List in the grade of first sergeant.
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.
ABCMR Record of Proceedings (cont) AR20100029252
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ABCMR Record of Proceedings (cont) AR20100029252
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