IN THE CASE OF:
BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20130019952
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she retired as a 1SG.
2. The applicant states:
a. she wants her rank corrected on her finance records. She retired at her highest rank of 1SG.
b. she doesn't know why her finance records have the wrong rank, but it might be because her DD Form 214 shows rank as master sergeant (MSG). Her DD Form 214 shows her successful service as a 1SG.
c. according to Army Regulation 635-200 (Enlisted Personnel, Personnel Separations) she should have been put on the retired list as a 1SG. Her rank is correct on the Real-Time Automated Personnel Identification System and on her retired identification card.
d. she is not sure if her DD Form 214 need to be corrected or not, but it does state her time as a 1SG - 31E5M (corrections specialist).
3. The applicant provides:
* DD Form 214
* Excerpt from Army Regulation 635-200 pertaining to grade title on retired list of former first sergeants
* Identification card
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 7 February 1980. She remained on active duty through continuous reenlistments. Promotion orders, dated 9 August 2000, show she was promoted to the rank/grade of MSG/E-8 effective 1 September 2000.
3. Her Noncommissioned Officer (NCO) Evaluation Reports covering the periods October 2000 through September 2001 and October 2001 through May 2002 show her rank as 1SG and primary MOS as 95C5M (corrections specialist).
4. Her DA Form 2-1 (Personnel Qualification Record - Part II) shows:
* she completed the 3-week 1SG course at Fort Lewis, WA in 2000
* she completed the 3-week 1SG course at Fort Bliss, TX in 2001
* her duty military occupational specialty as 95C5M and her principal duty was company 1SG from 4 October 2000 to 29 February 2004
5. Her retirement orders show:
* her grade of rank as MSG
* her retired grade of rank as 1SG
6. On 29 February 2004, she retired in the rank of MSG.
7. Her DD Form 214 shows in:
* Item 4a (Grade, Rate, or Rank) the entry "MSG"
* Item 4b (Pay Grade) the entry "E8"
* Item 11 (Primary Specialty), among other entries, the entry "31E5M H3 CORRECTIONS SPECIALIST - - 3 YRS (years) 5 MOS (months)"
8. 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 the preparation of the DD Form 214. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It also established standardized policy for the preparation of the DD Form 214. It stated, for item 4a, enter the active duty rank at the time of separation.
DISCUSSION AND CONCLUSIONS:
Retirement orders in the applicant's records show that she was serving in the rank of MSG at the time of her separation. Therefore, the rank of MSG is properly shown on her DD Form 214.
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) AR20130019952
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ABCMR Record of Proceedings (cont) AR20130019952
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