IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018609
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 he retired in the rank of first sergeant (1SG).
2. The applicant states he was laterally appointed to the rank of 1SG. He reverted to the rank of master sergeant (MSG) when he completed his tour of duty as a 1SG. Accordingly, his DD Form 214 should reflect that he retired as a 1SG.
3. The applicant provides a copy of his DD Form 214.
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 was serving in the rank and pay grade of sergeant first class/
E-7 when he assumed the duties of 1SG in June 1998. He was promoted to the rank and pay grade of MSG/E-8 on 1 March 1999 and was laterally appointed to the rank of 1SG and assigned the special qualification identifier of "M" to denote him as a 1SG. He continued to serve as a 1SG until September 1999 when he was laterally reappointed to the rank of MSG.
3. The applicant honorably retired on 28 February 2001 while serving in the rank of MSG. He was placed on the Retired List in the rank of 1SG effective 1 March 2001.
4. His DD Form 214 for the period ending 28 February 2001 shows his rank as MSG.
5. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) prescribes the policy and procedures for the separation of enlisted personnel. Paragraph 12-17 (Grade Title on Retired List of Former 1SG's) stipulates that noncommissioned officers holding the grade of MSG at the time of retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the grade title of 1SG. The only criteria for such placement on the Retired List is that the Soldier must be serving in and retiring in the rank of MSG and must have served as a 1SG in the grade of MSG.
6. Army Regulation 635-8 (Separation Processing and Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information in effect as of the date of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his rank as 1SG was noted.
2. The applicant was serving in the rank of MSG when his DD Form 214 was prepared and he was placed on the Retired List the following day in the rank of 1SG.
3. Accordingly, his DD Form 214 is properly prepared and there appears to be no basis to grant his request to change his DD Form 214 to reflect the rank of 1SG.
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 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) AR20130018609
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ABCMR Record of Proceedings (cont) AR20130018609
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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