IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130003631
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) and to show the Legion of Merit.
2. The applicant states he met the requirements to retire in the rank of 1SG as shown on his retirement orders and Enlisted Record Brief (ERB). He contends that the error in his DD Form 214 was discussed while receiving the DD Form 214 but the administrative official would not act in accordance with the governing regulation. He adds that he was awarded the Legion of Merit as a retirement award.
3. The applicant provides a DD Form 214, retirement orders, excerpt from Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), DA Form 638 (Recommendation for Award), Legion of Merit Certificate, and his ERB.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 June 1984. He was promoted to the rank and grade of master sergeant (MSG)/E-8 effective 1 June 2003.
2. He completed the 1SG course on 31 March 2004. His ERB shows he served as a 1SG from 12 December 2002 to 31 July 2004 and from 1 August 2005 to
7 March 2006. His Noncommissioned Officer Evaluation Report for the period December 2005 February 2006 shows he successfully performed 1SG duties.
3. A DA Form 638 shows he was awarded the Legion of Merit by Headquarters, U.S. Army Intelligence and Security Command Permanent Orders Number
113-07, dated 23 April 2010.
4. Headquarters, 1st Infantry Division Orders Number 238-0007, dated
26 August 2009, announced his retirement effective 30 June 2010. These orders show his rank as MSG and that he was to be placed on the retired list in the rank of 1SG.
5. He was retired on 30 June 2010. His DD Form 214 shows his rank as MSG. His DD Form 214 does not include the Legion of Merit as an authorized award.
6. His ERB shows he served in positions with duty titles other than 1SG from
8 March 2006 through his retirement.
7. Army Regulation 635-200, paragraph 12-17 (Grade title on retired list of former first sergeants) 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.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214 and states that for block 4 (Grade, Rate or Rank) the active duty grade or active duty rank and pay grade at the time of separation will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his rank as 1SG and to show the Legion of Merit has been carefully considered.
2. Evidence shows he was awarded the Legion of Merit. However, the award was not recorded on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this award.
3. In reference to the rank shown on his DD Form 214. It is acknowledged that the evidence of record shows he met the eligibility criteria to have been placed on the retired list as a 1SG. As his retirement orders reflect, he was placed on the retired list as a 1SG.
4. However, he was serving in the rank of MSG at the time of his retirement. His DD Form 214 is meant to reflect his status as of his last day of active duty. As of that date, he was a MSG. Therefore, his DD Form 214 accurately reflects his rank as MSG. As a result, there is no basis to grant this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 adding to his DD Form 214 the Legion of Merit.
2. The Board further determined that the evidence presented was 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) AR20130003631
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130003631
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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