IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110005951
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as a first sergeant (1SG) instead of a master sergeant (MSG).
2. The applicant states he served as a 1SG and was awarded the special qualification identifier of M to denote 1SG. All of the documents he received from the Defense Finance and Accounting Service (DFAS) reflect that he was a 1SG. However, when he attempted to get his identification (ID) card the clerk told him that his records reflect he was a MSG. Accordingly, he desires to have this error corrected.
3. The applicant provides two pages from his DA Form 2-1 (Personnel Qualification Record Part II).
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 initially enlisted in the Regular Army on 24 August 1965 and served until 4 March 1969.
3. He again enlisted in the Regular Army on 5 May 1970 and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-7 on 24 July 1976.
4. On 22 July 1981, he was assigned to Headquarters and Service Company, U.S. Army Intelligence School, Fort Devens, Massachusetts for duty as a first sergeant. He served as a first sergeant until 27 May 1982 when he was reassigned for duty as an organizational effectiveness consultant. He was promoted to the pay grade of E-8 on 1 September 1982.
5. On 4 October 1983, orders were published withdrawing his military occupational specialty (MOS) of 71L4M and awarding him the MOS of 71L43.
6. On 31 October 1986, he was retired in the rank of MSG and transferred to the U.S. Army Reserve (USAR) Control Group (Retired) in the rank of 1SG effective 1 November 1986. He had served 20 years and 7 days of active service. His DD Form 214 issued at the time of retirement shows he was retired in the rank of MSG. Additionally, his ID card issued at the time of retirement shows the rank of MSG.
7. Army Regulation 635-200 serves as the authority for enlisted separations. Chapter 12 of that regulation provides that noncommissioned officers holding the grade of MSG at retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the tile grade First Sergeant. The only criteria for such placement on the retired list is that the Soldier must be serving in and retiring in the rank of MSG, the Soldier must possess the special qualification identifier M and the Soldier must have served as a 1SG in pay grade E-8. No minimum time period is specified. Service in the duty position of 1SG while in pay grade E-7 does not meet this requirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant was retired on 31 October 1986 in the rank of MSG. On that date he held the rank of MSG, and his DD Form 214 correctly reflects this information.
2. His retirement orders show that he was placed on the Retired List in the rank of 1SG. His date of placement on the Retired List was 1 November 1986, the day following his retirement.
3. Although it appears the applicant was not authorized to be placed on the Retired List in the rank of 1SG because the available evidence shows his time served as a 1SG was all served in the pay grade of E-7, the Board will not arbitrarily change his rank to that of a MSG.
4. Accordingly, the applicant should be able to present his retirement orders to officials at the ID Card office to have his ID Card changed to that of a 1SG.
5. However, the applicant has failed to show through the evidence submitted with his application and the evidence of record, sufficient evidence to show that his DD Form 214 incorrectly reflects that he was retired in the rank of MSG. Therefore, there appears to be no basis to grant his request.
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) AR20110005951
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ABCMR Record of Proceedings (cont) AR20110005951
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