IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120001030
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 item 4a (Grade, Rate, or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1994 to read command sergeant major (CSM) instead of sergeant major (SGM).
2. The applicant states that prior to retirement he had moved from a CSM assignment to an SGM position due to having a medical profile that hampered his effectiveness as a battalion CSM.
3. The applicant provides his:
* retirement orders
* DD Form 214
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. He enlisted in the Regular Army (RA) on 30 June 1977. He had previously served 3 years, 2 months, and 8 days of active service in the RA.
3. He was promoted to SGM/E-9 effective 1 September 1990.
4. His Military Personnel Records Jacket (MPRJ) contains his DA Form 2-1 (Personnel Qualification Record).
a. Item 18 (Appointments and Reductions) indicates he was appointed as a CSM effective 10 January 1992.
b. Item 35 (Record of Assignment) indicates he was assigned twice as a CSM as follows:
* Headquarters and Headquarters Battery (HHB), 5th Battalion, 1st Field Artillery, on 17 January 1992
* HHB, 1st Battalion, 14th Field Artillery, on 9 June 1993
5. Noncommissioned Officer Evaluation Reports (NCOER's) with ending dates of May 1992, May 1993, and May 1994 show his assignments as a CSM. The NCOER's also show he served honorably as a CSM.
6. Headquarters, III Corps and Fort Hood, Fort Hood, TX, Orders S-99-5, dated 2 June 1994, terminated his rank of CSM and appointed him as an SGM with a date of rank of 1 September 1990.
7. On 6 June 1994, he requested voluntary retirement for length of service. On 21 July 1994, his retirement was approved for 1 December 1994.
8. Headquarters, III Corps and Fort Hood, Fort Hood, TX, Orders 141-37, dated 26 July 1994, released him from active duty effective 30 November 1994 and placed him on the Retired List on the following day. His retired grade of rank is shown as CSM.
9. On 30 November 1994, he retired. Item 4a of his DD Form 214 shows his rank as SGM.
10. Army Regulation 635-200 (Personnel Separations), then in effect, stated a Soldier holding the grade title of SGM at retirement would be placed on the Retired List in the grade title of CSM if his or her records reflected honorable service as a CSM and he or she was released from the CSM Program, voluntarily or involuntarily, because of an assignment-limiting medical or physical condition, or to serve as an SGM in any duty assignment. Retirement orders on eligible members would show active duty as SGM/E-9 and placement on the retired list as CSM/E-9.
11. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.
Table 2-1 stated the active duty grade of rank at the time of separation was to be entered in item 4a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. His NCOER's show he served honorably as a CSM from February 1992 through May 1994. Therefore, he was entitled to be placed on the Retired List in the rank of CSM. His retirement orders show his retired grade of rank as CSM.
2. He was terminated as a CSM on 2 June 1994 and laterally appointed as an SGM. He requested voluntary retirement for length of service on 6 June 1994 and was approved for retirement on 21 July 1994 with a retirement date of 1 December 1994. On 30 November 1994, the date of his separation, he was serving as an SGM. Therefore, the entry SGM in item 4a of his DD Form 214 is correct.
3. In view of the above, there is no basis to grant relief in this case.
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 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) AR20120001030
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ABCMR Record of Proceedings (cont) AR20120001030
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