IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120011530
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 his retired rank be changed from master sergeant to first sergeant.
2. The applicant states:
* He was promoted to first sergeant in November 2004 and he held that rank until his retirement in 2007
* This change will not affect his pay grade or benefits but it may be used for reinstatement of rank and personal recognition
* He received successful noncommissioned officer reports (NCOERs) during his time as a first sergeant
3. The applicant provides:
* First sergeant enrollment history
* NCOER covering the period 1 March 2006 through 28 February 2007
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. The applicant enlisted in the Regular Army on 24 June 1987 and remained on active duty through continuous reenlistments. He was promoted to master sergeant effective 1 September 2005.
3. His NCOERs for the periods August 2005 to February 2006 and 1 March 2006 to 28 February 2007 show his principal duty title was first sergeant. His final NCOER shows his primary military occupational specialty as "15Z5M."
4. Orders show he retired in the rank of master sergeant on 30 November 2007 and he was placed on the retired list in the rank of master sergeant on
1 December 2007.
5. Army Regulation 635-200 (Enlisted Personnel, Personnel Separations), chapter 12, states that noncommissioned officers holding the rank 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:
a. the Soldier must be serving as, and retiring as, a master sergeant;
b. Soldier must possess the special qualification identifier (SQI) "M"; and
c. the Soldier must have served as a first sergeant (service as a first sergeant while a sergeant first class does not qualify).
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicant successfully served as a first sergeant during the period August 2005 to 28 February 2007 and his final NCOER shows he possessed SQI "M." Therefore, he met the criteria for placement on the retired list as a first sergeant. His retirement orders should be corrected to show he retired in the rank of master sergeant on 30 November 2007 and he was placed on the retired list in the rank of first sergeant effective 1 December 2007.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 his retirement orders to show he retired in the rank of master sergeant on 30 November 2007 and he was placed on the retired list in the rank of first sergeant effective 1 December 2007.
_______ _ _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) AR20120011530
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120011530
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120001199
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). 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2014 | 20140003528 (2)
In 2004 he was laterally moved to the S-2 duty position as a MSG. These orders show he was permanently retired in the rank of MSG. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that a noncommissioned officer (NCO), holding the grade of MSG at retirement and whose record shows successful service as a 1SG, will be placed on the Retired List in the grade title 1SG.
ARMY | BCMR | CY2014 | 20140003528
In 2004 he was laterally moved to the S-2 duty position as a MSG. These orders show he was permanently retired in the rank of MSG. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that a noncommissioned officer (NCO), holding the grade of MSG at retirement and whose record shows successful service as a 1SG, will be placed on the Retired List in the grade title 1SG.
ARMY | BCMR | CY2014 | 20140003528
In 2004 he was laterally moved to the S-2 duty position as a MSG. These orders show he was permanently retired in the rank of MSG. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that a noncommissioned officer (NCO), holding the grade of MSG at retirement and whose record shows successful service as a 1SG, will be placed on the Retired List in the grade title 1SG.
ARMY | BCMR | CY2013 | 20130020244
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he retired in the rank of first sergeant (1SG). Army Regulation 635-200 (Personnel Separations), chapter 12, 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 applicant's DD Form 214 is correct as prepared in accordance with Army Regulation 635-5 in that he...
ARMY | BCMR | CY2006 | 20060004660C070205
The applicant requests, in effect, that he be placed on the Retired List in the rank of "First Sergeant" instead of the rank of "MSG" (Master Sergeant). He also states that Army Regulation 635-200, chapter 12, paragraph 12-17, states if a Soldier's record shows successful service as first sergeant, retiring in grade of MSG, having possessed identifier "M", the Soldier will be placed on the Retired List in grade title (rank) of "First Sergeant." The applicant was serving in the rank of MSG...
ARMY | BCMR | CY2010 | 20100029252
Chapter 12 of Army Regulation 635-200 (Personnel Separations) states NCOs holding the grade of master sergeant, E8 at retirement, whose records show successful service as first sergeant, E8, will be placed on the Retired List in the grade title "first sergeant." Therefore, this period of time cannot be used to fulfill the "served as a first sergeant" requirement for retirement with the grade of first sergeant. There is no evidence he served as a first sergeant while in pay grade E-8.
ARMY | BCMR | CY2014 | 20140007077
The applicant requests correction of his records to show he was placed on the retired list in the rank of first sergeant (1SG). The Soldier must be serving in and retiring in the grade of MSG. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 and Directorate of Human Resources, U.S. Army Garrison-Hawaii, Orders 307-0004 to show his retired list grade of rank as 1SG.
ARMY | BCMR | CY2004 | 20040010825C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that the rank shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected from master sergeant (MSG) to first sergeant (1SG). The promotion and retirement orders list his rank as MSG; however the NCOERS show he possessed the first sergeant's special qualification identifier (SQI) "M" and served...
ARMY | BCMR | CY2015 | 20150000429
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), retirement orders, and retired identification card to show he retired as a first sergeant (1SG)/E-8. He provided: a. a DA Form 4187, dated 13 March 2004, which shows he was laterally appointed from MSG to 1SG effective 5 March 2004; b. his ERB which shows his duty title as 1SG with SQI "M" from 5 March 2004 to 16 October 2004; c. his NCOER covering the period April 2004 through...