IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140002837
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) for the period ending 30 September 1987 to show:
a. he retired as a first sergeant (1SG); and
b. award of the Meritorious Service Medal (MSM).
2. The applicant states:
* his retired rank was changed to 1SG, effective 9 June 1987
* he was awarded the MSM after his discharge
* he wants his rank changed in the Defense Enrollment Eligibility Reporting System so he can get a new identification card with the proper rank
3. The applicant provides:
* amendment orders, dated 26 August 1987
* MSM orders and award certificate
* DD Form 214 for the period ending 30 September 1987
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 31 August 1960. He remained on active duty through continuous reenlistments.
3. Promotion orders, dated 1 February 1982, show he was promoted to the rank/grade of master sergeant (MSG)/E-8 effective 1 March 1982 with a date of rank of 10 February 1982.
4. His DA Form 2-1 (Personnel Qualification Record Part II) shows:
* he was appointed to 1SG effective 4 June 1982
* he was appointed to MSG effective 1 December 1982
* his principal duty was 1SG from 1 June 1982 to 13 January 1983
5. His retirement orders, as amended, show:
* his grade of rank as MSG
* his retired grade of rank as 1SG
6. On 30 September 1987, he retired in the rank of MSG.
7. His DD Form 214 for the period ending 30 September 1987 shows in:
* item 4a (Grade, Rate, or Rank) "MSG"
* item 4b (Pay Grade) "E8"
* item 12h (Effective Date of Pay Grade) "82 03 01 [1 March 1982]"
8. This DD Form 214 does not show the MSM as an authorized award.
9. He provides Headquarters, U.S. Army Health Services Command, Permanent Orders 74-3, dated 2 October 1987, which show he was awarded the MSM.
10. 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 preparation of the DD Form 214. It stated, for item 4a, enter the active duty rank at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. Retirement orders in the applicant's records show he was serving in the rank of MSG at the time of his separation. Therefore, the rank of MSG is properly shown on his DD Form 214 for the period ending 30 September 1987. These orders also show he was placed on the Retired List in the rank of 1SG. Showing his amended retirement orders to his Identification Card Issuing Facility should be enough to get a new identification card showing his retired rank as 1SG.
2. Orders show he was awarded the MSM. Therefore, his DD Form 214 for the period ending 30 September 1987 should be corrected to show this medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 adding the MSM to his DD Form 214 for the period ending 30 September 1987.
2. The Board further determined 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 for the period ending 30 September 1987 to show he retired in the rank of 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) AR20140002837
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002837
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015927
His record contains the following: * Orders Number 140-10, issued by the U.S. Army Military Personnel Center, dated 30 November 1987, promoting him to MSG/E8 effective 1 January 1988 with a date of rank of 21 December 1987 * Orders Number 55-16, issued by the 546th Personnel Service Company, Fort Hood, dated 22 March 1988, terminating his rank of 1SG and appointing him as a MSG with a date of rank of 21 December 1987 * DA Form 2339 (Application for Voluntary Retirement), dated 1 February...
ARMY | BCMR | CY2015 | 20150000429
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), retirement orders, and retired identification card to show he retired as a first sergeant (1SG)/E-8. He provided: a. a DA Form 4187, dated 13 March 2004, which shows he was laterally appointed from MSG to 1SG effective 5 March 2004; b. his ERB which shows his duty title as 1SG with SQI "M" from 5 March 2004 to 16 October 2004; c. his NCOER covering the period April 2004 through...
ARMY | BCMR | CY2009 | 20090018332
Application for correction of military records (with supporting documents provided, if any). The applicant states he is requesting correction to his DD Form 214 to show his retirement rank as 1SG as reflected on his retirement orders. Paragraph 12-17 (Grade Title on Retired List of former 1SGs) of the current enlisted separations regulation stipulates that noncommissioned officers holding the grade of MSG at retirement, whose records show successful service as a 1SG sergeant, will be...
ARMY | BCMR | CY2011 | 20110000404
Paragraph 12-17 states that NCO's 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. Upon retirement, a Soldier is issued two documents: a retirement order and a DD Form 214. a. The DD Form 214 shows the Soldier's rank and grade at the time of separation.
ARMY | BCMR | CY2012 | 20120002493
The FSM's DA Form 2339 (Application for Voluntary Retirement), dated 24 September 1990, shows in: a. item 5 (Current Grade, Pay Grade (Date), and MOS) - MSG, E-8, 870428 (28 April 1987), 29X5M; and b. item 6 (Highest Grade Served on Active Duty and Branch of Service) - 1SG, E-8, U.S. Army. The FSM's DD Form 214 shows he was honorably retired from active duty on 31 October 1990 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 12, based on...
ARMY | BCMR | CY2009 | 20090002970
The applicant's military personnel records show that after having prior active duty service, he reenlisted in the Regular Army on 12 April 1979. It also contains Headquarters, United States Army Fort Dix, Orders 096-7, dated 6 April 1990, which directed the applicants release from active duty (REFRAD) for retirement on 30 November 1990 and his placement on the Retired List in the rank of MSG on 1 December 1990. In the event the applicant desired a correction be made to item 4a (Grade,...
ARMY | BCMR | CY2010 | 20100007328
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1987 to show he retired as a first sergeant (1SG)/E-8. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was promoted to MSG with a date of rank of 20 July 1985. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 12 (Retirement for Length of Service), paragraph 12-17 (Grade title on retired list of former...
ARMY | BCMR | CY2012 | 20120009924
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as first sergeant (1SG) vice master sergeant (MSG). The evidence of record shows the applicant completed the 5-week 1SG Course in April 1996 and he served in the rank and duty position of 1SG from November 1996 (the date he was promoted to E-8) through August 1997. However, he served as the NCOIC in the rank of MSG in two different units from September 1997 through...
ARMY | BCMR | CY2014 | 20140016559
d. Orders 32-13, dated 25 February 1992, issued by 9th Personnel Service Company, states the applicant is to be released from active duty and placed on the Retired List effective 30 September 1992. The applicant provides a DA Form 3713 which shows: * item 2 (Active Duty Grade) MSG/E-8 (emphasis added) * item 3 (Retired Grade) 1SG/E-8 (emphasis added) * item 8 (Highest Grade Attained) 1SG/E-8 * item 10 (Retired Pay) 1SG/E-8 7. These awards are not shown on his DD Form 214 and should be added.
ARMY | BCMR | CY2015 | 20150001858
The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20130019952 on 6 August 2014. According to the Boards decision, her retirement orders show she was serving in the rank of MSG and her DD Form 214 is correct. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade title on retired list of former first sergeants), provides that NCOs holding the rank...