IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120011888
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 item 4a (Grade, Rate or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
31 March 1999 be corrected to show first sergeant instead of master sergeant.
2. The applicant states the Fort Hood Separation Point failed to make the requested changes at the time of his retirement.
3. The applicant provides:
* Retirement orders
* DD Form 214
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 2 November 1976 and remained on active duty through continuous reenlistments. He was promoted to master sergeant effective 1 February 1992.
3. Item 18 (Appointments and Reductions) of his DA Form 21- (Personnel Qualification Record) shows he was appointed:
* master sergeant on 1 February 1992
* first sergeant on 25 October 1992
4. His noncommissioned officer evaluation reports (NCOERs) for the periods October 1992 to September 1993 and March 1996 to January 1997 show his principal duty title was first sergeant.
5. On an unknown date, he was laterally appointed to master sergeant. His NCOERs for the period February 1997 to July 1998 show his principal duty title was operations sergeant and his rank was master sergeant.
6. On 31 March 1999, he retired in the rank of master sergeant. He was placed on the retired list in the rank of first sergeant on 1 April 1999.
7. Item 4a of his DD Form 214 for the period ending 31 March 1999 shows the entry "MSG" (master sergeant).
8. Title 10, U.S. Code, section 3961(b) states that, unless entitled to a higher retired grade under some other provision of law, a Regular or Reserve of the Army not covered by section 3961(a) (which discusses commissioned officers) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement.
9. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. By law, a Soldier is retired in the grade/rank they hold on the day immediately prior to being placed on the Retired List. The applicant held the rank of master sergeant on 31 March 1999 and he was subsequently placed on the Retired List effective 1 April 1999 in the highest grade of rank held satisfactorily which was first sergeant.
2. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
3. He was a master sergeant on 31 March 1999. Item 4a of his DD Form 214 for the period ending 31 March 1999 correctly shows he retired in the rank of master sergeant. Therefore, there is no basis for granting the applicants request.
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) AR20120011888
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011888
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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