IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140003330
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 his rank as first sergeant (1SG) instead of master sergeant (MSG) and to show his correct date of birth (DOB).
2. The applicant states his retirement orders show his rank as 1SG and his DOB should read 18 May 1957 as shown on his birth certificate.
3. The applicant provides a DD Form 214, retirement orders, and a Certificate of Live Birth.
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 19 March 1975. His enlistment contract shows his DOB as 18 May 1957.
3. His DA Form 2339 (Application for Voluntary Retirement), dated 20 August 1997, indicates he served satisfactorily as a 1SG from 14 January 1992 through
30 August 1993. It also indicates that he was serving in the rank of MSG at the time of submission of the DA Form 2339.
4. Headquarters, I Corps and Fort Lewis, WA, Orders Number 245-0002, dated
2 September 1997, announced his retirement effective 31 March 1998. These orders show his rank as MSG and that he was to be placed on the retired list in the rank of 1SG.
5. He was retired on 31 March 1998. His DD Form 214 shows his rank as MSG and his DOB as 18 June 1957.
6. He provides a Certificate of Live Birth that shows his DOB as 18 May 1957.
7. Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), paragraph 12-17 (Grade title on retired list of former first sergeants) states that noncommissioned officers holding the rank of MSG at retirement, whose records show successful service as a 1SG, will be placed on the retired list in the rank title 1SG.
8. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, 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. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214 and states that for block 4 (Grade, Rate or Rank) the active duty grade or active duty rank and pay grade at the time of separation will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's initial enlistment contract shows his DOB as 18 May 1957 as it is shown on his Certificate of Live Birth. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his DOB being incorrectly listed. Therefore, his DD Form 214 should be corrected to show his DOB as it is listed on his Certificate of Live Birth.
2. In reference to the rank shown on his DD Form 214. It is acknowledged that the evidence of record shows he met the eligibility criteria to have been placed on the retired list as a 1SG. As his retirement orders reflect, he was placed on the retired list as a 1SG.
3. However, he was serving in the rank of MSG at the time of his retirement. His DD Form 214 is meant to reflect his status as of his last day of active duty. As of that date, he was a MSG. Therefore, his DD Form 214 accurately reflects his rank as MSG during his last day of active duty. As a result, there is no basis to grant this portion of his request.
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 correcting his DD Form 214 to show the DOB listed on his Certificate of Live Birth.
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 correcting his DD Form 214 to show his rank 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) AR20140003330
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ABCMR Record of Proceedings (cont) AR20140003330
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