IN THE CASE OF 

		BOARD DATE:    8 May 2014

		DOCKET NUMBER:  AR20130016234 


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 record to show he was retired in the rank/grade of first sergeant (1SG)/E-8, versus master sergeant (MSG)/E-8.  

2.  The applicant states:

* he served as a 1SG and held the rank for a total of 24 months
* he served as a MSG for a total of 13 months and 7 days
* 1SG was the highest rank he held prior to retirement
* this error resulted from the termination of the First Sergeant Course (FSC)
* he never attended the FSC
* he believes he was not considered for retirement as a 1SG because his records did not contain proof he graduated the FSC
* he was retired as a MSG because that was the rank he held at the time of retirement

3.  The applicant provides:

* Orders 265-0017, issued by Headquarters, 1st Armored Division and Fort Bliss, Fort Bliss, TX on 22 September 2011
* his Enlisted Record Brief (ERB)
* his DA Forms 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) covering the periods: 1 May through 24 November 2008,
25 November 2008 through 24 November 2009, 25 November 2009 through 11 July 2010, and 12 July 2010 through 21 January 2011

* DA Form 4187 (Personnel Action), dated 16 July 2010
* a third-party memorandum of support from Lieutenant Colonel (LTC) Txxxxxx J. Axxxxx, dated 28 August 2013

CONSIDERATION OF EVIDENCE:

1.  On 26 March 1992, the applicant enlisted in the Regular Army.  

2.  He served through multiple periods of reenlistment or extension, in positions of increased responsibility, and on 22 September 2008, he was promoted to the rank/grade of MSG/E-8.

3.  His record shows he served as a 1SG, meaning he performed the duties of a 1SG, from on or about 25 November 2008 through on or about 11 July 2010.  
Part IV ((Rater) – Values/Responsibilities of his NCOERs for this period show he received "excellence" ratings in every category, meaning he excelled in the performance of his 1SG duties.

4.  Orders 265-0017, issued by Headquarters, 1st Armored Division and Fort Bliss, Fort Bliss, TX, dated 22 September 2011, shows he was retired from the Army effective 29 February 2012 and placed on the Retired List the following day.  These orders show his current rank as MSG and his retired rank as MSG.

5.  On 29 February 2012, he was honorably retired from the Army in the rank/grade of MSG/E-8.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his rank as MSG and his grade as E-8.  It does not show he completed the FSC.

6.  His record is also void of documentation that shows he completed the FSC.  A simple query of the Army Training Requirements and Resources System (ATRRS) website reveals multiple iterations of the FSC were conducted in Fiscal Years 2009 (the earliest year available for query) and 2010.  

7.  He provides his ERB, dated 22 September 2008.

* Section III (Service Data) shows he was promoted to MSG/E-8 effective 22 September 2008
* Section VI (Military Education) of his ERB does not show he completed the FSC
* Section IX (Assignment Information) shows he served as a unit 1SG for   18 months, from on or about 24 November 2008 through on or about 
11 June 2010

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It provides that items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation. 

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that an NCO, holding the grade of MSG at retirement and whose record shows successful service as a 1SG, will be placed on the Retired List (emphasis added) in the grade title 1SG.  The following are the only criteria for such placement on the Retired List:

a. The Soldier must be serving in and retiring in the grade of MSG.

b. The Soldier must possess Skill Qualification Identifier (SQI) "M."

   c. The Soldier must have served as a 1SG in the grade of MSG; however, no minimum time period is specified.  

10.  Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) lists authorized SQIs and provides criteria for award of SQIs.  Table 12-1 states SQI "M" identifies principal NCO (1SG) positions in company, battery, troop, or similar sized units.  To qualify for SQI "M," a Soldier must be in pay grade E-7 or E-8 and meet one of the following criteria:

   a. Successfully complete the FSC conducted under the auspices of the Sergeants Major Academy, Ft Bliss, TX; successfully serve 180 days in a 1SG position; and be approved for award by the battalion commander or equivalent level authority.

   b. In a short tour/hostile fire area, successfully complete 180 days service in a 1SG position and be approved for award by the first general officer in the chain of command.  Soldiers awarded SQI "M" under these provisions should attend FSC prior to another assignment as 1SG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show he was retired in the rank of 1SG, versus MSG.  

2.  Army Regulation 635-200, the governing regulation on retirements, clearly requires a Soldier to possess SQI "M" before being allowed to retire as a 1SG.
The evidence of record shows he did not complete the FSC and was not awarded SQI "M."  He contends he did not attend the FSC because the course was terminated; however, the ATRRS website shows multiple iterations of the FSC were conducted in Fiscal Years 2009 and 2010.  It appears the course was available for attendance during the period he was serving as a 1SG.

3.  To change his record to show he retired as a 1SG would create an inequity for those who met all of the criteria.  Therefore, he is not entitled to correction of his record to show he retired in the grade title 1SG.

4.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  His DD Form 214 correctly reflects his rank and grade and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20130005011



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ABCMR Record of Proceedings (cont)                                         AR20130016234



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