IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120008194
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/grade as first sergeant (1SG)/
E-8 instead of master sergeant (MSG)/E-8.
2. The applicant states his DD Form 214 is not consistent with his retirement orders or his military identification card.
3. The applicant provides his DD Form 214 and retirement orders.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 12 August 1986 and he held military occupational specialty 19Z (Armor Senior Sergeant).
2. He served in a variety of stateside or overseas assignments and he was promoted to MSG/E-8 on 1 January 2003. He completed the 1SG Course on 29 June 2006.
3. His Noncommissioned Officer Evaluation Reports show he performed duties as:
* Troop 1SG, July 2002 through December 2003
* Battalion Operations Sergeant, January 2004 through December 2004
* Brigade Operations Sergeant, January 2005 through February 2006
* Troop 1SG, March 2006 through November 2006
* Operations Sergeant, December 2006 through March 2007
* G9 Sergeant Major, March 2007 through March 2008
* S3 Operations NCO, March 2008 through November 2009
4. On 3 December 2009, Headquarters, U.S. Army Garrison, Fort Knox, KY, published Orders 337-0178 reassigning him to the transition center for outprocessing and retiring him from active duty, in the retired grade of 1SG, on 30 September 2010. He held the rank of MSG on the date of retirement.
5. He retired on 30 September 2010 and he was placed on the retired list in his retired rank/grade of 1SG/E-8 on 1 October 2010. The DD Form 214 he was issued shows the following entries:
* items 4a (Grade, rate or Rank) and 4b (Pay Grade) - "MSG" and "E-8"
* item 12i (Effective Date of Pay Grade) - "2003 01 01"
* item 18 (Remarks) - "Retired List Grade 1SG"
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of the DD Form 214. It states:
* items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation from his or her records
* item 12i shows the effective date of pay grade
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to MSG/E-8 on 1 January 2003. He completed the 1SG course and served as a unit 1SG on more than one occasion. As such, the highest rank/grade he held for the purpose of retirement is 1SG/E-8, both of which are correctly shown on his retirement orders and the Remarks block of his DD Form 214. The retirement order reflects the highest grade a Soldier held for the purpose of retirement.
2. At the time of his retirement, he was not performing duties of 1SG. Items 4a and 4b of the DD Form 214 show the active duty rank and pay grade at time of the Soldier's separation. He was performing the duties of and held the rank of MSG, not 1SG, on his last day of active duty.
3. 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. His DD Form 214 correctly reflects his rank and grade and contains no errors. Therefore, 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) AR20120008194
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ABCMR Record of Proceedings (cont) AR20120008194
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