IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110010807
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 reconsideration of his earlier request for correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 30 June 1969 through his Member of Congress to show he retired as a first sergeant (1SG)/pay grade E-8.
2. The applicant did not make a statement. However, his Member of Congress states she has known the applicant for many years in his capacity as a director of a veterans' service office. He was asked when he went through retirement at Fort Bragg, NC, in 1969 if he desired to retire as a 1SG or as a master sergeant (MSG). He elected to retire as an MSG and has regretted this momentary lapse in judgment for the past 42 years. Further, he served as a 1SG from March 1959 to June 1961, so he served in that capacity for some time.
3. The applicant did not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090018054 on 6 May 2010.
2. The applicant provides a new argument (lapse of judgment) that will be considered by the Board.
3. Having prior service in the Regular Army (RA) from 26 April 1946 to 26 September 1947, the applicant's records show he enlisted in the RA on 16 November 1950 and he held military occupational specialty (MOS) 12B (Combat Engineer).
4. He served through multiple reenlistments in a variety of stateside and overseas assignments, including Japan, Korea, Germany, and Vietnam, and he attained the rank/pay grade of MSG/E-8 on 20 December 1961.
5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed duties of 1SG, Company E, 3rd Engineer Battalion, from 26 March 1959 to 2 June 1961. However, item 27 (Military Education) and item 28 (Specialized Training) do not show completion of the 1SG Course and item 33 (Appointments and Reductions) does not show appointment as a 1SG.
6. On 1 April 1967, Headquarters, Seventh Army Support Command, published Special Orders Number 77 awarding him primary MOS 12Z (Combat Engineer Senior Sergeant).
7. His DA Form 2339 (Application for Voluntary Retirement), dated 11 June 1968, shows the highest rank/grade he held during his military service was MSG/E-8.
8. He was honorably retired on 30 June 1969. His DD Form 214, item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) show the entries "MSG (Permanent)" and "E-8," respectively, and item 6 (Date of Rank) shows the entry "20 December 1961."
9. Army Regulation 635-5 (Separations Documents) prescribes the preparation guidelines for the DD Form 214. It states that items 5a and 5b will reflect the active duty grade or rank and pay grade at the time of separation.
10. Army Regulation 600-200 (Enlisted Personnel Management System), paragraph 2-41a (Lateral Appointments), in effect at the time, stated noncommissioned officers (NCO's) might be laterally appointed from one NCO grade to another within the same pay grade when a change of duty is required. Change of duty for an E-8 required lateral appointment to/from MSG/1SG. This regulation also stated the special qualification identifier for 1SG was "M."
11. Army Regulation 635-200 (Enlisted Separations), chapter 12, in effect at the time, provided for a member currently serving in the rank of sergeant major, who was a former command sergeant major, to retire as a command sergeant major. The regulation at that time had no provisions for a member currently serving in the rank of MSG, who was a former 1SG, to retire as a 1SG.
12. Army Regulation 635-200, currently in effect, states NCO's holding the rank 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 criteria for such placement on the Retired List are that the Soldier must be serving as and retiring as an MSG, must possess special qualification identifier "M," and must have served as a 1SG (such service as a sergeant first class (SFC)/pay grade E-7 does not qualify).
DISCUSSION AND CONCLUSIONS:
1. Under current standards, in order to be placed on the Retired List as a 1SG the applicant would have to have completed the prescribed 1SG Course, have been awarded SQI "M," and have served as a 1SG in pay grade E-8. Although his DA Form 20 confirms he served as a 1SG from 26 March 1959 through 1 June 1961, he did so as an SFC/E-7 as he was not promoted to E-8 until 20 December 1961.
2. At the time the applicant retired in 1969, there were no regulatory provisions at all for a former 1SG who was an MSG at time of retirement to retire in the rank of 1SG.
3. Therefore, he does not meet the criteria for placement on the Retired List as a 1SG.
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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090018054, dated 6 May 2010.
____________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) AR20110010807
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110010807
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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