IN THE CASE OF:
BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120019216
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 military service records to show he retired in the rank/grade of first sergeant (1SG)/E-8 instead of master sergeant (MSG)/E-8.
2. The applicant states that on 30 August 1989 he was assigned into the position of 1SG and would like the proper rank to appear on all official documentation.
3. The applicant provides Orders 86-14 (Reassignment order), dated 30 August 1989.
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's records show he was born on 14 September 1937.
3. Having had prior service in the U.S. Naval Reserve and U.S. Air Force, he enlisted in the U.S. Army Reserve (USAR) on 10 June 1982.
4. Orders 86-14, dated 30 August 1989, issued by Headquarters, 91st Infantry Division (Training), show the applicant was transferred to B Company, 3rd Battalion, 3rd Brigade, 91st Infantry Division. Additional instructions assigned the applicant to duty as a 1SG, effective 1 September 1989 for a period of 3 years, unless sooner relieved by proper authority.
5. On 1 September 1989, the applicant was promoted to MSG/E-8.
6. Section IV (Unit Data) of the applicant's DA Form 2A (Personnel Qualification Record (PQR)), reviewed by him on 15 October 1989, shows he served as the 1SG of B Company, 3rd Battalion, 3rd Brigade, 91st Infantry Division.
7. Orders 97-1, dated 22 October 1990, issued by Headquarters, 91st Infantry Division (Training), show the applicant requested transfer to the USAR Control Group (Reinforcement) effective 6 June 1990. The orders show his rank as MSG.
8. The applicant's military service records contain a DD Form 108 (Application for Retired Pay Benefits), dated 21 March 1997, on which he entered his rank as 1SG.
9. There is no evidence in the applicant's military service records that show he held his rank as 1SG in an unsatisfactory manner.
10. On 11 August 1997, the U.S. Army Reserve Personnel Center, St. Louis, MO, published Orders P-08-304543 placing him on the Retired List in the rank of MSG effective 14 September 1997, his 60th birthday.
11. Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) implements statutory authorities governing the granting of retired pay to Soldiers and former Reserve components Soldiers. Paragraph 2-2 states a MSG/E8 who formerly held the title of 1SG and who wishes to be shown on the Retired List in his or her former title must include the following documents with their application for retired pay: a copy of the appointment to 1SG and a copy of the release order from the 1SG status is required (Service must have been satisfactory and the person must not have been released from that status for cause.)
DISCUSSION AND CONCLUSIONS:
1. By regulation, a MSG/E8 who formerly held the title of 1SG and who wishes to be shown on the Retired List in his or her former title must include the following documents with their application for retired pay: a copy of the appointment to 1SG and a copy of the release order from the 1SG status. Service must have been satisfactory and the person must not have been released from that status for cause.
2. In the applicant's case, the evidence of record shows he was promoted to MSG/E-8 in the USAR on 1 September 1999. On the same day he was assigned to the 1SG position for B Company, 3rd Battalion 3rd Brigade, 91st Infantry Division. He satisfactorily held the position until 6 June 1990 when he was transferred to the USAR Control Group (Reinforcement).
3. Orders 86-14, dated 30 August 1989, his DA Form 2A, and his DD Form
108 all show he was assigned to B Company, 3rd Battalion, 3rd Brigade, 91st Infantry Division, as the 1SG. His record should be corrected to show he was placed on the Army Retired List in the rank/grade of 1SG/E-8 on his 60th birthday.
4. In view of the foregoing, the applicant's record should be corrected as recommended below.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 Orders P-08-304543, dated 11 August 1997, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO to show he was placed on the Retired List in the rank of 1SG/E-8 effective 14 September 1997.
_______ _ _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) AR20120019216
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