IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120001955
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 rank as "first sergeant (1SG)" vice "master sergeant (MSG)."
2. The applicant states the clerk erroneously listed his rank as MSG instead of 1SG on his DD Form 214.
3. The applicant provides no additional documentation.
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. Having had prior active service, the applicant's records show he enlisted in the Regular Army on 16 July 1976 and he held military occupational specialty (MOS) 95B (Military Police (MP)). 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 1991.
3. He attended and successfully completed the 5-week 1SG Course at the U.S. Army Sergeants Major Academy, Fort Bliss, TX, from 28 July through 31 August 1993.
4. He was assigned as the 1SG of the 287th MP Company, Germany, from December 1993 to May 1994. 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 operations sergeant of the 501st MP Company, Germany, from June 1994 to May 1995. The NCOER he received for this rating period shows his rank as MSG.
6. He was assigned as the operations NCO of the 53rd Area Support Command, Germany, from June 1995 to April 1997. He received two NCOER's during this period and both NCOER's show his rank as MSG.
7. Orders 298-001, dated 24 October 1996, issued by Headquarters, 1st Armored Division, Germany, shows he was retired from active duty, effective 31 July 1997, and placed on the Retired List on 1 August 1997. These orders show his current and retired rank as MSG.
8. Item 4a (Grade, Rate, or Rank) of the DD Form 214 he was issued contains the entry "MSG."
9. 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.
10. Army Regulation 635-200 provides the basic policy for the separation of enlisted personnel. Chapter 12 states noncommissioned officers holding the grade of Master Sergeant at retirement, whose records show successful service as a First Sergeant, will be placed on the retired list in the grade title First Sergeant. The only criteria for such placement on the retired list are: (1) the Soldier must be serving as, and retiring as, a Master Sergeant; (2) the Soldier must possess special qualification identifier "M;" and (3) the Soldier must have served as a First Sergeant as an E-8.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed the 5-week 1SG Course in August 1993 and he served in the rank and duty position of 1SG from December 1993 through May 1994. However, he served in the position of operations NCO in the rank of MSG from June 1994 through April 1997 and he held the rank of MSG at the time of retirement. His DD Form 214 correctly shows his rank as MSG. Therefore, he is not entitled to the requested relief.
2. However, he should have been placed on the retired list in the rank of 1SG. His retirement orders should be amended accordingly.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X ___ ___X____ ___X ___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders 298-001, dated 24 October 1996, issued by Headquarters, 1st Armored Division, Germany, to show his retired rank as 1SG.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show his rank as 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) AR20120001955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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