IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120001199
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 placement on the Retired List in the rank of first sergeant (1SG) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as 1SG instead of master sergeant (MSG).
2. The applicant states that in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17, "noncommissioned officers holding the grade of master sergeant at retirement, whose records show successful service as a 1SG, will be placed on the retired list in the grade title 1SG."
3. The applicant provides:
* DA Form 1059 (Service School Academic Evaluation Report), dated 19 September 2007
* DA Form 4187 (Personnel Action), dated 2 October 2007, with DA Form 4187-1-R (Personnel Action Form Addendum), dated 16 October 2007
* Orders 289-01, U.S. Army Operational Test Command, Fort Hood, TX, dated 16 October 2007
CONSIDERATION OF EVIDENCE:
1. The applicant requests placement on the Retired List in the rank of 1SG. Orders 231-0153, issued by Headquarters, III Corps and Fort Hood, Fort Hood, TX, dated 19 August 2010, ordered his placement on the Retired List as a 1SG effective 1 August 2011. Therefore, this portion of his request will not be discussed further in these Proceedings.
2. The applicant enlisted in the Regular Army on 28 July 1988 and served until he was honorably retired on 31 July 2011. He completed 23 years and 3 days of active military service.
3. Orders 282-6, issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 9 October 2003, promoted him to the rank/grade of MSG/E-8 effective 1 November 2003.
4. His latest DA Form 2166-8 (NCO Evaluation Report (NCOER)), contained within his Official Military Personnel File (OMPF), shows he served as a 1SG during the rating period 13 November 2009 through 12 November 2010. His OMPF does not contain an NCOER covering the period 13 November 2010 through 31 July 2011.
5. Permanent Orders 082-04, issued by the U.S. Army Operational Test Command, Fort Hood, TX, dated 23 March 2011, awarded him the Meritorious Service Medal for the period 29 September 2007 through 31 July 2011. His rank on these orders is identified as 1SG.
6. Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 show he was separated from service in the rank/grade of MSG/E-8.
7. As a continuation of item 14 (Military Education), item 18 (Remarks) shows he completed the 1SG Course in 2007.
8. He provides his Service School Academic Evaluation Report and orders awarding him Special Qualification Identifier (SQI) M (1SG), effective 19 September 2007, which show he attended and completed the 1SG Course at the U.S. Army Sergeants Major Academy, Fort Bliss, TX, during the period 29 August 2007 through 19 September 2007.
9. Army Regulation 635-200, paragraph 12-17, states that NCOs 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 following are the only criteria for such placement on the retired list:
a. The Soldier must be serving in and retiring in the grade of MSG.
b. The Soldier must possess SQI M.
c. The Soldier must have served as a 1SG in the grade of MSG. No minimum time period is specified.
10. 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, and establishes a standardized policy for the preparation of the DD Form 214. It states that Item 4a of the DD Form 214 will reflect the active duty rank the Soldier held at the time of his/her separation.
DISCUSSION AND CONCLUSIONS:
The applicant's request for correction of his DD Form 214 to show his rank as 1SG instead of MSG was carefully considered. The evidence of record confirms he satisfactorily served as a 1SG and he was separated from active service as a 1SG. Therefore, it would be appropriate to correct his DD Form 214 to show his rank title as 1SG.
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 item 4a of his DD Form 214 to show he was separated from active service in the rank of 1SG.
_______ _ _ _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) AR20100020768
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001199
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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