IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120009924 


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 his DD Form 214 and his retired identification card reflect the rank of MSG.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states noncommissioned officers (NCO) holding the grade of MSG at retirement, whose record shows successful service as a 1SG, will be placed on the Retired List in the grade title of 1SG.  As he successfully served in this capacity during his active duty service, his DD Form 214 should reflect the rank of 1SG.

3.  The applicant provides:

* DD Form 214
* DA Form 4187 (Personnel Action), dated 30 June 1995
* Orders 110-1, issued by Headquarters, U.S. Army Industrial Operations Command, Rock Island, IL, dated 19 April 1996
* U.S Army Enlisted Records and Evaluation Center (USAEREC) Form 10B (NCO Evaluation Data Report), dated 2 October 1996
* Orders 079-1, issued by Headquarters, U.S. Army Industrial Operations Command, Rock Island, IL, dated 20 March 1997


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.  The applicant enlisted in the Regular Army on 29 March 1977.  He held military occupational specialty 92A (Automated Logistical Specialist).  He served in staff and leadership positions and he attained the rank/grade of sergeant first class (SFC)/E-7 on 1 November 1990.

3.  He was assigned as the 1SG of Rock Island Arsenal, Rock Island, IL, from April to November 1995.  The DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) he received during this rating period shows his rank as SFC.

4.  He attended and successfully completed the 5-week 1SG Course at the U.S. Army Sergeants Major Academy, Fort Bliss, TX, from 28 February through 2 April 1996.

5.  He was promoted to the rank/grade of MSG/E-8 on 1 November 1996.  As a result of his promotion, Orders 079-01, dated 20 March 1997, were issued awarding him MOS 92A5M, the "M" special qualification identifier (SQI) indicating his was 1SG qualified.

6.  He continued as the 1SG of Rock Island Arsenal, Rock Island, IL, from December 1995 to August 1997.  He received two NCOERs during this period (December 1995 through November 1996 and December 1996 through August 1997), both showing his rank as 1SG.

7.  He was assigned as the NCO in charge (NCOIC), Plans and Operations Division, 6th Support Center, Germany, from September 1997 to August 1999.  He received two NCOERs during this period, both showing his rank as MSG.

8.  He was assigned as the NCOIC, Defense Equal Opportunity Management Institute (DEOMI), Patrick Air Force Base, FL, from September 1999 to January 2003.  He received three NCOERs during this period, all showing his rank as MSG.

9.  Orders 044-0003, issued by the Personnel Service Support Team, MacDill Air Force Base, FL, dated 13 February 2002, shows he was retired from active duty, effective 31 January 2003, and placed on the Retired List on 1 February 2003 in the retired grade of rank of MSG.

10.  Item 4a (Grade, Rate, or Rank) of the DD Form 214 he was issued at the time of his retirement contains the entry "MSG."

11.  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 for item 4a, enter the active duty rank held at the time of separation.

12.  Army Regulation 635-200 provides the basic policy for the separation of enlisted personnel.  Chapter 12 states noncommissioned officers 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 only criteria for such placement on the retired list are: (1) the Soldier must be serving as, and retiring as, a MSG; (2) the Soldier must possess SQI "M"; and (3) the Soldier must have served as a 1SG as an E-8.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the 5-week 1SG Course in April 1996 and he served in the rank and duty position of 1SG from November 1996 (the date he was promoted to E-8) through August 1997.  However, he served as the NCOIC in the rank of MSG in two different units from September 1997 through January 2003 and he held the rank of MSG at the time of his retirement.  His DD Form 214 correctly shows his rank as MSG.  Therefore, there is no basis for granting his requested relief.

2.  However, the applicant successfully served as a First Sergeant in the rank of 1SG and he should have been placed on the Retired List in the rank of 1SG, thereby entitling him to have his rank shown as 1SG on his retired identification card.  Therefore, his retirement orders should be corrected to show his retired grade of rank as 1SG instead of MSG as currently shown.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 044-0003, issued by the Personnel Service Support Team, MacDill Air Force Base, FL, dated 13 February 2002, to show his retired grade of rank as 1SG.

2.  The Board further determined that the evidence presented is 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 correcting 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)                                         AR20120009924



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ABCMR Record of Proceedings (cont)                                         AR20120009924



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