IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110000404 


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, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 4a (Grade, Rate, or Rank), to show the rank of 1SG (first sergeant) instead of MSG (master sergeant).

2.  He states, in effect, his DD Form 214 should show he was retired in the highest rank of 1SG.  He met all the requirements of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 12-17.  In December 2010, he was advised that his DD Form 2 (Retired - Identification (ID) Card), with the rank of 1SG/E-8, did not match up with his retirement information in the retired service computer.  He was listed as MSG/E-8.  The Retired Services Officer advised him to submit a change to his pay/service records to reflect the rank of 1SG.  His Certificate of Appreciation and U.S. Flag certificate he received upon retiring, which were given to him by the transition center at Fort McPherson, GA, both had the retired rank of 1SG shown.

3.  He provides:

* June 2000 MSG promotion orders
* June 2000 1SG Certificate of Appointment
* NCO (Noncommissioned Officer) Evaluation Report (NCOER) ending May 2001
* DA Form 1059 (Service School Academic Evaluation Report), dated 14 June 2001
* June 2001 award of SQI "M" orders

* 2002 DA From 2339 (Application for Voluntary Retirement)
* DD Form 214
* Certificate of Appreciation and U.S. Flag certificate
* DD Form 2656 (Data for Payment of Retired Personnel)
* Retired ID Card and his spouse's ID card

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 military records show he enlisted in the Regular Army on 18 January 1982.  He served in several military occupational specialties (MOS) during his period of service.  He was promoted to MSG on 1 June 2000.  He was laterally appointed to the rank of 1SG on 16 June 2000.  

3.  His NCOER for the period July 2000 through May 2001 shows he served in the rank and position of 1SG during the rating period.  

4.  He completed the 1SG Course on 14 June 2001 and was awarded SQI "M" on the same day.

5.  His NCOER for the period June 2001 through May 2002 shows he served in the rank MSG as a Joint Exercise Operations NCO during the rating period.  

6.  On 22 February 2002, he submitted a DA Form 2339 requesting retirement.  This document shows his current grade as MSG/E-8 in Item 5 (Current Grade, Pay Grade, (Effective Date of promotion) and MOS), and shows that 1SG/E-8 was the highest grade he served in on active duty in Item 6 (Highest Grade Served on Active Duty and Branch of Service).

7.  Orders Number 071-0104 were issued by Headquarters, Fort McPherson, on 12 March 2002, authorizing his release from active duty (REFRAD) on 30 September 2002 and his placement on the Retired List on 1 October 2002 in the rank of 1SG.  These orders show his current grade as MSG.  

8.  He was honorably retired on 30 September 2002, for sufficient service for retirement after completing a total of 20 years, 8 months, and 13 days of active military service.  The DD Form 214 he was issued at the time shows his rank as MSG/E-8 in items 4a (Grade, Rate, or Rank) and 4b (Pay Grade).

9.  He was issued a Certificate of Appreciation, U.S. Flag certificate, and ID card showing his grade as 1SG/E-8.  

10.  Army Regulation 635-5 (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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Items 5a and 4b show the active duty grade or rank and pay grade at time of separation.

11.  Army Regulation 635-200, chapter 12, provides the policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers who are retiring in their enlisted status.  Paragraph 12-17 states that NCO's 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 special qualification identifier "M."

c. The Soldier must have served as 1SG in the grade of E-8.  No minimum time period is required.

DISCUSSION AND CONCLUSIONS:

1.  Upon retirement, a Soldier is issued two documents:  a retirement order and a DD Form 214.  

	a.  The retirement order retires the Soldier in the highest grade held.  In the applicant's case, the highest grade held was that of a 1SG which is correctly shown on his retirement orders.  His retired grade of rank, effective 1 October 2002, is 1SG.  
	b.  The DD Form 214 shows the Soldier's rank and grade at the time of separation.  In this case, he held the rank/grade of MSG/E-8 at the time he retired on 30 September 2002 which is appropriately shown on his DD Form 214.  
2.  In view of the foregoing, he is not entitled to a correction to Item 4a of his 
DD Form 214.  He has not shown error, injustice, or inequity for the relief he now seeks.  

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)                                         AR20110000404





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ABCMR Record of Proceedings (cont)                                         AR20110000404



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