IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024235
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 he retired in the rank of first sergeant (1SG).
2. He states he was stationed at a college for his last year in service and worked as a master sergeant (MSG)/E-8.
3. He provides Orders 008-0163, dated 8 January 2004.
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 applicants records show he enlisted in the Regular Army on 19 June 1978 and through a series of reenlistments was honorably retired on 31 July 2004.
3. On 1 February 1996, he was promoted to MSG and on 1 April 1996, he was laterally appointed as a 1SG.
4. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows on 11 September 2000, he was reassigned from his principal duty as 1SG to Senior Military Strategic Instructor.
5. Orders 008-0163, dated 8 January 2004, show his rank in the standard name line as MSG. The effective date of his retirement is listed as 31 July 2004 and his retired grade of rank is listed as 1SG.
6. Item 4a (Grade, Rate, or Rank) of his DD Form 214 shows his rank as MSG.
7. Item 14 (Military Education) of his DD Form 214 shows he completed the First Sergeants Course in 1995.
8. Army Regulation 635-200 (Personnel Separations), chapter 12, states 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 grade title 1SG. The only criteria for such placement on the retired list are: (1) the Soldier must be serving as and retiring as an MSG, (2) the Soldier must possess skill qualification identifier (SQI) "M," and (3) the Soldier must have served as a 1SG as an E-8.
9. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter from the Enlisted Record Brief the active duty grade or rank and pay grade at the time of separation in item 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 is correct as prepared in accordance with Army Regulation 635-5 in that he separated from active duty in the rank of MSG. His retirement orders are also correct as prepared in accordance with Army Regulation 635-200 in that his retired grade of rank is listed as 1SG.
2. There is no provision to amend his DD Form 214 unless he was actively serving as a 1SG at the time of his separation from active duty, which by his own admission, does not appear to be the case. As such, there is no error or injustice.
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) AR20110024235
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