BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130019211 


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 retired rank to show his rank/grade as first sergeant (1SG)/E-8 vice master sergeant (MSG)/E-8.

2.  The applicant states he completed the 1SG course (FSC) at Fort Bliss, TX, and he has the documents to show this.  The error was caused by oversight or ignorance on the part of the military clerk at the time of his retirement.  Unfortunately, he was not aware that his retirement records and identification card should reflect his rank as 1SG since it is the same grade as MSG.  He served as a 1SG to the fullest and deserves to have his records reflect that. 

3.  The applicant provides his DD Form 214 and an Army training record.

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 had prior active service, the applicant enlisted in the Regular Army on 15 April 1976.  He served through several reenlistment and/or extensions and he was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 31 October 1984.  He completed the FSC at Fort Bliss, TX, on 31 August 1989.  

3.  His DA Form 2-1 (Personnel Qualification Record) shows he performed duties as a 1SG at Fort Huachuca, AZ, during the period 1 May 1989 through on or about 24 March 1991.

4.  He was promoted to the rank of MSG on 1 April 1991 and he was subsequently assigned to Turkey.  During his service in Turkey, he performed duties as MSG, Electronic Warfare/Intercept Systems Maintenance Chief, from 30 April 1991 to 22 April 1992.

5.  He was subsequently assigned to Vint Hill Farms Station, VA, and from 26 May 1992 to 26 July 1993 he performed duties as a MSG, Noncommissioned Officer in Charge, Tactical Directorate.

6.  On 27 July 1993, he was assigned to Fort George G. Meade, MD.  The specific position he held at Fort George G. Meade is not known; however, on 17 November 1993, he submitted a DA Form 2339 (Application for Voluntary Retirement) wherein he listed his rank as MSG.

7.  Orders 248-1, dated 27 December 1993, issued by Headquarters, First U.S. Army and Fort George G. Meade, released him from active duty and placed him on the retired list on 1 March 1994, in the rank/grade of MSG/E-8.  These orders show he held the rank of MSG on that date.

8.  He was honorably retired on 28 February 1994 and he was placed on the retired list on 1 March 1994 in the rank/grade of MSG/E-8.  The DD Form 214 (Certificate of Discharge or Release from Active Duty) he was issued for this period of service shows the following entries:

* item 4a (Grade, Rate or Rank) - MSG
* Item 4b (Pay Grade) - E-8
* item 12h (Effective Date of Pay Grade) - 1991--04--01

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It stated in items 4a and 4b enter the active duty rank and pay grade held at the time of the Soldier's separation.

10.  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 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.  

11.  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 evidence of record confirms the applicant was promoted to MSG/E-8 on 1 April 1991.  At the time of retirement, he was not performing the duties of a 1SG. 



2.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  Items 4a and 4b of the DD Form 214 show the active duty rank and pay grade at time of the Soldier's separation.  

3.  The applicant held the rank of MSG, not 1SG, on his last day of active duty.  His DD Form 214 correctly reflects the rank and grade he held at the time of retirement.  

4.  Although he may have completed the FSC and served as 1SG for over 2 years, he did so while he held the rank/grade of SFC/E-7.  He did not serve as 1SG after he was promoted to MSG on 1 April 1994.  Therefore, he was properly placed on the retired list in the rank/grade of MSG/E-8, the highest rank/grade he held satisfactorily.

5.  In view of the foregoing, there is no basis for granting the 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)                                         AR20130019211



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ABCMR Record of Proceedings (cont)                                         AR20130019211



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