IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015586
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:
* completion of the First Sergeant Course
* rank as first sergeant (1SG) vice master sergeant (MSG)
2. The applicant states prior to his retirement, he held and wore 1SG rank, not MSG. When he out-processed at Fort Meade, MD, he only verified his name, social security number, and pay grade. At the time, he overlooked the error in his rank.
3. The applicant provides his DA Form 1059 (Service School Academic Evaluation Report) and First Sergeant Course diploma.
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 records show he enlisted in the Regular Army on 20 October 1982 and he held military occupational specialties 79R (Recruiter) and 19D (Cavalry Scout). He served in a variety of stateside and overseas assignments and he was promoted to the rank/grade of MSG/E-8 on 1 December 2001.
3. He attended and successfully completed the 2-week First Sergeant Course at the 218th Regiment Leadership School, Eastover, SC, from 21 April 2002 through 5 May 2002.
4. He was assigned as the 1SG of Company B, Training Support Battalion, U.S. Army Soldier Support Institute, from June 2002 to February 2003. The DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) he received for this rating period shows his rank as 1SG.
5. He was assigned as the 1SG of the Mid-Atlantic U.S. Army Recruiting Battalion, Lakehurst, NJ, from March 2003 to February 2004. The NCOER he received for this rating period shows his rank as 1SG.
6. Orders 050-0008, dated 19 February 2004, issued by Headquarters, U.S. Army Garrison, Fort Meade, MD, retired him from active duty effective 30 November 2004 and placed him on the Retired List on 1 December 2004. These orders show his current and retired rank as MSG.
7. His DD Form 214 shows/does not show:
* in item 4a (Grade, Rate, or Rank) the entry "MSG"
* in item 12c (Net Active Service this Period) he completed 22 years, 1 month, and 11 days of active service
* in item 14 (Military Education) no entry for completion of the First Sergeant Course
8. 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 states:
* in item 4a enter the active duty rank held at the time of separation
* in item 14 enter in-service training courses by title, number of weeks, and year successfully completed during this period of service; this information is to assist the member after separation in job placement and counseling
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant successfully completed the 2-week First Sergeant Course on 5 May 2002, he served in the rank and duty position of 1SG from June 2002 through February 2004, and he held the rank of 1SG at the time of his retirement. It appears an error was made when his retirement orders were published in February 2004 showing his rank as MSG. This error was compounded when his DD Form 214 was prepared and his rank was listed as MSG. Therefore, he is entitled to correction of his records to show his rank as 1SG and completion of the First Sergeant Course.
BOARD VOTE:
___X____ ___X ___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* amending Orders 050-0008, dated 19 February 2004, to show his current and retired rank as 1SG
* deleting the entry "MSG" from item 4a of his DD Form 214 and replacing it with the entry "1SG"
* adding the entry "First Sergeant Course, 2 weeks, 2002" to item 14 of his DD Form 214
_______ _ 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) AR20110015586
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110015586
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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