IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130020244
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. He states he served in the 1SG position for several years and he would like to continue to wear his 1SG rank as a high school Junior Reserve Officers Training Corps (JROTC) instructor.
3. He provides:
* DD Form 214
* Self-authored statement
* CC Form 214-R (JROTC Instructor Annual Performance Appraisal)
* Certificate of Completion
* Diploma, dated 16 March 2005
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 20 February 1985. He served through a series of reenlistments and in a variety of stateside and/or overseas assignments.
3. On 1 June 2003, he was promoted to master sergeant (MSG).
4. His DA Form 1059 (Service School Academic Evaluation Report) and diploma, dated 16 March 2005, show he successfully completed the 1SG Course from 24 February 2005 through 16 March 2005.
5. His record is void of any orders showing he was laterally appointed as a 1SG. However, Noncommissioned Officer Evaluation Reports (NCOERs) show from:
a. July 2004 through June 2005, he was rated as a 1SG, principle duty title "Battery 1SG," and his primary military occupational specialty (PMOS) was listed as "13Z5M" (Field Artillery 1SG).
b. 1 July 2005 through 30 June 2006, he was rated as a MSG, principle duty title "Noncommissioned Officer In-Charge, G-3 Plans and Exercise," and his PMOS was listed as 13Z5X.
6. Headquarters, United States Army Garrison, Fort Carson, CO Orders 136-0005, dated 16 May 2006, show his rank in the standard name line as MSG. The effective date of his retirement is listed as 30 April 2007 and his retired grade of rank is listed as MSG.
7. He was honorably retired on 30 April 2007 and credited with completing 22 years, 2 months, and 11 days of active duty service. Item 4a (Grade, Rate, or Rank) of his DD Form 214 shows his rank as MSG.
8. Item 14 (Military Education) of his DD Form 214 shows he completed the 1SG Course in 2005.
9. Army Regulation 635-200 (Personnel Separations), chapter 12, states that NCOs holding the grade of MSG at retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the grade title 1SG. The only criteria for such placement on the retired list are: (1) the Soldier must be serving as and retiring as an MSG, (2) the Soldier must possess skill qualification identifier (SQI) "M," and (3) the Soldier must have served as a 1SG as an E-8.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that 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. Paragraph 2-4, in pertinent part, requires the preparer to enter from the Enlisted Record Brief the active duty grade or rank and pay grade at the time of separation in item 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 is correct as prepared in accordance with Army Regulation 635-5 in that he separated from active duty in the rank of MSG. There is no provision to amend his DD Form 214 unless he was actively serving as a 1SG at the time of his separation from active duty, which by his last NCOER does not appear to be the case.
2. However, the evidence of record shows he successfully served as a 1SG in the grade of E-8 and possessed the SQI of "M." Therefore, in accordance with paragraph 9 above, he is entitled to correction of his retirement orders to show he was placed on the Retired List in the grade title of 1SG.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ __X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders 136-0005, dated 16 May 2006, to show his retired grade of rank as 1SG.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show his grade as 1SG.
_______ _ 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) AR20130020244
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130020244
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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In 2004 he was laterally moved to the S-2 duty position as a MSG. These orders show he was permanently retired in the rank of MSG. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), provides that a noncommissioned officer (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.
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