IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20120021257
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 rank on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from master sergeant (MSG) to first sergeant (1SG).
2. The applicant states he:
* held the rank of 1SG until 2010
* wore the rank of 1SG on his uniform when he retired
* thought his DD Form 214 showed his correct rank
3. The applicant provides his DD Form 214 and Orders Number 288-0001, dated 15 October 2011, issued by Headquarters, 1st Infantry Division, Fort Riley, KS.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 29 November 1989.
2. His military service records contain a DA Form 1059 (Service School Academic Evaluation Report), that shows he successfully completed the 1SG course, at the U.S. Army Sergeants Major Academy, Fort Bliss, TX, on 3 October 2008.
3. He was promoted to MSG on 4 November 2008.
4. The applicant's military service records contain three DA Forms
2166-8 (Noncommissioned Officer (NCO) Evaluation Report) that show he served as the 1SG for E Company, 115th Brigade Support Battalion, 1st Brigade Combat Team, Fort Hood, TX from 1 December 2008 through 1 May 2010.
5. Orders Number 288-0001, dated 15 October 2011, issued by Headquarters, 1st Infantry Division and Fort Riley, shows the applicant was a MSG at the time he retired on 30 June 2012 and he was placed on the Retired list on 1 July
2012 at the rank of 1SG.
6. Item 4a (Grade, Rate of Rank) of the applicant's DD Form 214 shows the entry "MSG." Item 4b (Pay Grade) shows the entry "E08."
7. Army Regulation 635-200 (Enlisted Personnel, Personnel Separations), chapter 12, states that 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 special qualification identifier (SQI) "M"; and (3) the Soldier must have served as a 1SG as an E-8 (service as a 1SG while a Sergeant First Class, E-7, does not qualify). SQI M was not implemented until sometime after 1974.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized preparation of the DD Form 214. It states that item 4a and 4b will be completed to show the active duty grade or rank and pay grade at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his retired as a 1SG. The evidence of record shows he performed duties as a 1SG at Fort Hood, TX from 1 December 2008 through 1 May 2010. It appears he met the criteria to be placed on the Retired list as 1SG. There is no evidence of record to show he was a 1SG after 1 May 2010 or on his date of retirement.
2. Orders Number 288-0001, dated 15 October 2011, show he retired as a MSG on 30 June 2012 and on 1 July 2012 he was placed on the Retired list in the rank of 1SG. Therefore, his DD Form 214 correctly shows his rank and pay grade as MSG/E08.
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) AR20120021257
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120021257
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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