IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005456 


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 rank as first sergeant instead of master sergeant
* award of the Meritorious Service Medal
* the correct number of Army Good Conduct Medals awarded

2.  The applicant states the DD Form 214 issued to him is incomplete and incorrect.

3.  The applicant provides copies of his:

* DD Form 214
* Bronze Star Medal Certificate and Citation
* Meritorious Service Medal Certificate
* Army Good Conduct Medal Certificate (7th Award)
* separation orders

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.  Records show the applicant enlisted in the Regular Army on 3 January 1962 and served until his honorable retirement on 31 August 1984.

3.  Item 18 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

* master sergeant – effective date of 13 January 1981, date of rank of 13 January 1981
* first sergeant – effective date of 31 January 1981, date of rank of 13 January 1981
* master sergeant – effective date of 28 August 1981, date of rank of 13 January 1981

4.  Item 18 of the applicant's DA Form 20 does not show the applicant's appointment to first sergeant a second time.

5.  Item 35 (Record of Assignments) of the applicant's DA Form 20 shows the following:

* first sergeant, 201st Aviation Company, Korea – effective dates of 30 January 1981-3 August 1981
* casual, en route to United States – effective dates of 4 August 1981-27 August 1981
* aircraft maintenance sergeant, U.S. Army Safety Center, Fort Rucker, Alabama – effective dates of 28 August 1981-retirement,

6.  Permanent Orders 9-3, dated 27 September 1984, awarded the applicant the Meritorious Service Medal for the period 28 August 1981-31 August 1984.

7.  Permanent Orders 200-89, dated 15 December 1982, awarded the applicant the Army Good Conduct Medal (7th Award) for the period 4 January 1980-3 January 1983.

8.  The applicant's DA Forms 2166-6 (Enlisted Evaluation Report) rendered for the periods July 1982 through May 1984 shows his rank/grade as master sergeant/E-8.

9.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Army Good Conduct Medal (4th Award).  It does not show the Meritorious Service Medal.

10.  The DD Form 214 and Meritorious Service Medal Certificate and orders issued at the time of his separation show his rank as "master sergeant."

11.  The applicant provides extracts of his military personnel records, to include his separation orders which show his retired grade of rank as first sergeant.

12.  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.  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.  The preparation instructions specify to enter the active duty grade or rank and pay grade at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Meritorious Service Medal and Army Good Conduct Medal (7th Award) and the grade of first sergeant was carefully considered and determined to have partial merit.

2.  Permanent orders awarded the applicant the Meritorious Service Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this individual award.

3.  Permanent orders awarded the applicant the Army Good Conduct Medal (7th Award).  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

4.  Although the applicant served as a first sergeant during a period of his service, records show he was serving as a master sergeant at the time of his separation  Therefore, his DD Form 214 is appropriate and in compliance with policy based on his most recent period of continuous active duty.  His retirement orders properly reflect retirement in the rank of first sergeant, the highest rank he satisfactorily served.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by adding the following to his DD Form 214:

* Meritorious Service Medal
* Army Good Conduct Medal (7th Award) in lieu of Army Good Conduct Medal (4th Award)

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing the applicant's rank as first sergeant on his DD Form 214.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110005456



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ABCMR Record of Proceedings (cont)                                         AR20110005456



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