IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130005011
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).
2. The applicant states he served as a 1SG and completed all necessary military requirements of a 1SG; therefore, his DD Form 214 should reflect such.
3. The applicant provides his:
* Nevada Army National Guard Orders 107-2, dated 1 July 1982
* DA Form 1059 (Service School Academic Evaluation Report), dated 22 April 1983
* Headquarters, Presidio of San Francisco, Orders 203-5, dated 21 October 1987
* DD Form 214 effective 29 February 1988
* DD Form 215 (Correction to DD Form 214) effective 29 February 1988
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. Having prior service in the U.S. Navy, U.S. Navy Reserve, and Army National Guard, the applicant was ordered to Army National Guard Active Guard Reserve duty on 4 March 1981.
3. He was promoted to the rank and grade of master sergeant (MSG)/E-8 with and effective date of rank of 1 July 1982.
4. He completed the 1SG course on 22 April 1983. His DA Form 2-1 (Personnel Qualification Record Part II) shows he served as a 1SG from 1 July 1982 to 7 September 1984. His noncommissioned officer evaluation reports for this period show he successfully performed his 1SG duties.
5. Headquarters, Presidio of San Francisco, Orders 203-5, dated 21 October 1987, announced his retirement effective 29 February 1988 with placement on the Retired List the following day. These orders show his current rank as MSG and his retired rank as MSG.
6. His DA Form 2-1 shows he served in MSG positions from 8 September 1984 through his retirement.
7. He retired on 29 February 1988. His DD Form 214 shows his rank as MSG.
8. Army Regulation 635-200, paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), states that noncommissioned officers holding the rank of MSG at retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the grade title (rank) of 1SG.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the active Army. Chapter 2 contains guidance for preparation and distribution of the DD Form 214 and states for item 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 requests correction of his DD Form 214 to show his rank as 1SG.
2. The evidence of record shows he met the eligibility criteria to be placed on the Retired List in the rank of 1SG; therefore, his retirement orders should be corrected accordingly.
3. However, the evidence of record shows 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 held the rank of MSG. Therefore, his DD Form 214 accurately reflects his rank as MSG. As a result, it would be inappropriate to correct his DD Form 214 to show his rank as 1SG.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending Orders 203-5 issued by Headquarters, Presidio of San Francisco, dated 21 October 1987, to show he was placed on the Retired List in the rank of 1SG effective 30 February 1988.
2. The Board further determined the evidence presented is 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) AR20130005011
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ABCMR Record of Proceedings (cont) AR20130005011
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