IN THE CASE OF:	  

		BOARD DATE:  26 January 2012

		DOCKET NUMBER:  AR20110013920 


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 petition to the Board requesting correction of his 2 April 2004 DD Form 214 to show his rank title as first sergeant (1SG) in item 4a (Grade, Rate or Rank). 

2.  The applicant states he is submitting additional documentation showing he did in fact serve in a 1SG position while in Iraq.

3.  The applicant provides:

* an Army Reserve military identification (ID) card
* DA Form 4187 (Personnel Action), dated 12 March 2004

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 AR20100018780, on 12 May 2011.

2.  The applicant provided a copy of his military ID card showing his rank/grade as 1SG/E-8 and a DA Form 4187 requesting lateral appointment and award of skill qualification identifier (SQI) "M" to indicate first sergeant qualified.  This is new evidence that warrants consideration by the Board.


3.  The record shows that while a member of a Troop Program Unit (TPU) of the U.S. Army Reserve (USAR), the applicant entered active duty in support of Operation Enduring Freedom on 7 March 2003.

4.  On 1 September 2003, the applicant was promoted to the rank/grade of master sergeant (MSG)/E-8 in military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic).

5.  The record shows the applicant served in Kuwait from 14 through 27 April 2003, and in Iraq from 28 April 2003 through 5 March 2004.  Noncommissioned Officer Evaluation Reports (NCOERs) covering his service in Iraq show he served as the detachment sergeant performing duties in MOS 63Z through January 2004, and as a 1SG in MOS 38A5M beginning in February 2004.  The NCOER for the period ending in January 2004 was completed and signed by rating officials on 1 July 2004.  The NCOER that covered the period beginning in February 2004 shows him serving as a 1SG in the same detachment and it was signed by his rating officials on 11 April 2006.

6.  The record is void of any indication that the applicant had completed the First Sergeant Course (FSC) prior to his assignment to Iraq, or that he was granted a waiver to be awarded the SQI “M.”

7.  On 2 April 2004, the applicant was honorably released from active duty after completing 1 year and 26 days of active duty service during this period.  The 
DD Form 214 lists his rank title as MSG in item 4a.

8.  The applicant provides a DA Form 4187, dated 12 March 2004, that shows he requested and his battalion commander approved award of SQI “M” on 12 March 2004.

9.  Department of the Army Pamphlet 611-21, Table 12-1, provides guidance on award of SQIs.  It identifies the qualification for award of SQI “M.”  It states an individual must meet the following criteria to qualify for award of SQI “M” and appointment as a 1SG:

	a.  Successfully complete a resident FSC 521-SQIM conducted under the auspices of the U.S. Army Sergeants Major Academy, successfully serve a minimum of 180 days in a 1SG position, and be approved for award by the battalion commander or equivalent level authority;


	b.  Successfully complete the Phase 1 FSC 521-SQIM (DL) conducted under the auspices of the U.S. Army Sergeants Major Academy, successfully complete Phase 2 Course 400-FSC (Resident) conducted by National Guard (NG) Unit/
Special Schools or Regional Noncommissioned Officer Educational System (NCOES), successfully serve a minimum of 180 days in a 1SG position and be approved for award by the battalion commander or equivalent level authority;

	c.  Successfully complete a Senior Leader Course (SLC) on or after
1 October 2009 conducted under the auspices of a Training and Doctrine Command (TRADOC) Army Center of Excellence or Reserve Component equivalent, successfully serve a minimum of 180 days in a 1SG position and be approved for award by the battalion commander or equivalent level authority; or

	d.  In short tour/hostile fire area, successfully complete a minimum of 180 days service in a 1SG position and be approved for award by the first General Officer in the chain of command.  Soldiers awarded SQI M under these provisions who have not completed SLC on or after 1 October 2009 or the FSC 521-SQIM (DL) should complete the FSC Course 521-SQIM (DL) at their earliest opportunity.

10.  The pamphlet states that requests for exceptions to the above policy for permanent award of SQI M may be submitted to the Office of the Deputy Chief of Staff G-1.  A DA 4187 with endorsement of a lieutenant colonel or above commander and supporting documents showing successful periods of service as a 1SG must be included.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct item 4a of his DD Form 214 for the period ending 2 April 2004 has been carefully considered; however, there is insufficient evidence to support this claim.

2.  Army policy requires completion of the FSC or equivalent course and performance in a 1SG position for 180 days in order to qualify for award of SQI “M” and lateral appointment to 1SG.

3.  The evidence of record confirms the applicant was serving as a detachment sergeant for the majority of his tour in Iraq, as evidenced by an NCOER ending in January 2004 that was signed by rating officials on 1 July 2004.

4.  Further, the action to award him the SQI “M” was not accomplished until 
12 March 2004, subsequent to his departure from Iraq, and the NCOER 


beginning in February 2004 that lists him as a 1SG was not signed by rating officials until 11 April 2006, more than two years after the fact.  As a result, absent any evidence of record confirming the applicant met the regulatory requirements to qualify for award of SQI “M,” or that he served in a 1SG position for 180 days or completed the FSC or equivalent course, there is an insufficient evidentiary basis to support granting the requested relief. 

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 to amend the decision of the ABCMR set forth in Docket Number AR20100018780, dated 12 May 2011.



      _______ _ 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)                                         AR20110013920



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ABCMR Record of Proceedings (cont)                                         AR20110013920



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