IN THE CASE OF:	

		BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130007168 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his Special Qualification Identifier (SQI) of "M" and that he retired in the rank of first sergeant (1SG).

2.  The applicant states that he was erroneously retired in the rank of master sergeant instead of 1SG.  He goes on to state that he served the Army and his country with pride and honor and should be retired as a 1SG. 

3.  The applicant provides a copy of his DD Form 214, retirement orders, an enlisted evaluation report, a recommendation for award of SQI "M," an Army Achievement Medal Certificate and his Verification of Military Experience and Training.  

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 enlisted in the Regular Army on 24 November 1972 for a period of 4 years, Ranger Training and a cash enlistment bonus.  He completed his training and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 7 April 1983.

3.  A review of his records shows that he served under the SQI of "P" for Parachutist, SQI "Y" for Pathfinder, SQI "V" for Ranger, SQI "G" for Ranger, SQI "X" for Drill Sergeant, and SQI "M" for 1SG.  

4.  His records show that he served as a first sergeant while in the grade of sergeant first class (SFC)/E-7 of an infantry company in Hawaii during the period 1 August 1987 to 2 May 1988 (9 months).  

5.  He was reassigned to another command in Hawaii on 3 May 1988 and was promoted to the pay grade of E-8 on 1 October 1989 in military occupational specialty (MOS) 11B5V.

6.  On 28 February 1992, he submitted his application for voluntary retirement and indicated that his highest rank attained was that of a master sergeant (MSG)/E-8. 

7.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that on 30 November 1992 he was honorably retired in the rank of MSG/E-8 by reason of length of service.  He was transferred to the Retired List in the rank of MSG/E-8 effective 1 December 1992 and had served 20 years and 
7 days of active service.

8.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations) provides in paragraph 12-17 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 of 1SG provided that the individual is serving in and retiring in the grade of MSG, possesses the SQI of "M" and the individual served as a 1SG in the grade of E-8.

9.  Army Regulation 600-200 (Enlisted Personnel Management System) in effect at the time established a priority for SQIs.  It provided that only one SQI per MOS would be allowed based on an individual’s qualifications and present duty assignment.  The sequence of priority from highest to lowest for the applicant’s SQIs was V, Y, P, G, M, and X.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists on the date of release from active duty or discharge.  It also provides that for item 4a (Grade, Rate or Rank), enter the active duty grade or rank and pay grade at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect that he was retired in the rank of 1SG has been noted.  The applicant was separated in the rank of MSG, the rank he was serving at the time he was retired in accordance with the regulation in effect at the time.

2.  While the applicant did serve as a 1SG for 9 months and qualified for award of SQI "M," he served in that capacity in the grade of SFC/E-7 and thus was not entitled to be retired in the rank of 1SG.

3.  Additionally, he was promoted to MSG/E-8 in MOS 11B5V and that was his primary MOS at the time of his retirement.  Accordingly, it was properly recorded on his DD Form 214.

4.  Therefore, in the absence of evidence to the contrary, there appears to be no error or injustice in his case and no basis to approve his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20130007168





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ABCMR Record of Proceedings (cont)                                         AR20130007168



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