IN THE CASE OF:	  

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120002493 


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, the widow of the former service member (FSM), requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the rank of first sergeant (1SG).

2.  The applicant states the FSM's retirement orders show he was retired in the grade of rank of 1SG; however, his DD Form 214 shows the grade of rank of master sergeant (MSG).

3.  The applicant provides, in support of the request, a copy of the FSM's retirement orders and DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The FSM had prior honorable enlisted service in the Regular Army (RA) from
 30 July 1968 through 24 March 1972.

2.  After a break in service, the FSM enlisted in the RA on 27 March 1973.  He continued to serve on active duty and was awarded military occupational specialty (MOS) 29X (Communications Equipment Maintainer Chief).

3.  U.S. Army Military Personnel Center, Alexandria, VA, Order Number 33-8, dated 2 April 1987, promoted the FSM to MSG (pay grade E-8) with a date of rank (DOR) of 28 April 1987, effective 1 May 1987.

4.  U.S. Army Garrison, Fort Huachuca, AZ, Orders 148-35, dated 3 August 1987, withdrew primary MOS 29X5H from the FSM and awarded him primary MOS 29X5M effective 28 April 1987.  The orders also show he was assigned as 1SG (pay grade E-8) of the 505th Signal Company.

5.  Headquarters, U.S. Army Element, Armed Forces South, Order 146-1, dated 15 November 1989, laterally appointed the FSM by terminating his grade of rank of 1SG and appointing him in the grade of rank of MSG.

6.  The FSM's DA Form 2339 (Application for Voluntary Retirement), dated
24 September 1990, shows in:

   a.  item 5 (Current Grade, Pay Grade (Date), and MOS) - MSG,  E-8, 870428 (28 April 1987), 29X5M; and

   b.  item 6 (Highest Grade Served on Active Duty and Branch of Service) -  1SG, E-8, U.S. Army.

7.  Headquarters, U.S. Army Element, Armed Forces South, Order 205-9, dated 24 October 1990 (as amended), released the FSM from active duty on
31 October 1990 and placed him on the retired list in the retired grade of rank of 1SG effective 1 November 1990.

8.  The FSM's DD Form 214 shows he was honorably retired from active duty on 31 October 1990 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 12, based on voluntary retirement for length of service, and that he was transferred to the U.S. Army Reserve Control Group (Retired).  He had completed 21 years, 2 months, and 29 days of total active service.  It also shows in:

* item 4a (Grade, Rate or Rank) - "MSG"
* item 4b (Pay Grade) - "E8"
* item 12 (Record of Service), block h (Effective Date of Pay Grade) -
"87 05 01" (1 May 1987)

9.  Army Regulation 635-200, in effect at the time the FSM retired from active duty, provided the authority for the separation of Soldiers from the Active Army.  Chapter 12 (Retirement for Length of Service) shows in:

   a.  paragraph 12-3 (General provisions of laws governing retirement) that retirement will be in the regular or Reserve grade the member holds on the date of retirement in accordance with Title 10, U.S. Code, section 3961; and
   
   b.  paragraph 12-17 (Grade title on retired list of former first sergeants) that noncommissioned officers holding the grade of master sergeant, at retirement, whose records show successful service as first sergeant, will be placed on the retired list in the grade title "first sergeant."  The following are the only criteria for such placement on the retired list.  The Soldier must:

* be serving in, and retiring in, grade of MSG
* possess Special Qualification Identifier (SQI) "M" (First Sergeant)
* have served as first sergeant in grade of MSG

10.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.
	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the personnel qualification record, personnel finance records, discharge documents, separation orders, and any other document authorized for filing in the Official Military Personnel File.
	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for item 4a and 4b, "enter active duty grade of rank and pay grade at time of separation."

DISCUSSION AND CONCLUSIONS:

1.  The FSM held the grade of rank of MSG when he retired from active duty on 31 October 1990.

2.  The evidence of record shows that the active duty grade of rank at time of separation will be entered in item 4a of the DD Form 214.  Thus, the grade of rank shown on the FSM's DD Form 214 is correct.

3.  The evidence of record shows that a noncommissioned officer holding the grade of rank of MSG, at retirement, whose records show successful service as 1SG, will be placed on the retired list in the grade title "1SG."

   a.  Orders placed the FSM on the retired list in the grade of 1SG, effective
1 November 1990.

    b.  Thus, the FSM was placed on the retired list in the correct grade of rank.

4.  Therefore, in view of all of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20120002493



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ABCMR Record of Proceedings (cont)                                         AR20120002493



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