IN THE CASE OF:  MILLIAN, JOHN A.

		BOARD DATE:  8 October 2014

		DOCKET NUMBER:  AR20140003528 


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 was retired as a first sergeant (1SG).

2.  The applicant states:

	a.  He was promoted to master sergeant (MSG)/E-8 in June 1998.  He was laterally appointed to 1SG from 2001-2004.  In 2004 he was laterally moved to the S-2 duty position as a MSG.  His DD Form 214 should show his rank as 1SG because it is the "highest rank" he honorably held.

	b.  Throughout most of his ARNG career he was a Title 32 National Guard Soldier.  However, he was on Title 10 orders for deployment to Iraq when he was injured and placed on medical hold until 2005.  He was placed on the temporary disability retirement list (TDRL) in February 2006 and was permanently retired in 2009.  There was miscommunication between the ARNG and active Army concerning his records and he was not aware of the provision of designating the highest rank versus pay grade.

	c.  The position of 1SG reflects a higher position of leadership and is more advantageous to him in the civilian community for job applications and personal advancement.

3.  The applicant provides his DD Form 214 and a copy of his lateral appointment orders to 1SG, dated 16 May 2001.

CONSIDERATION OF EVIDENCE:

1.  Orders 18-1, issued by Headquarters, 105th Engineer Group, North Carolina Army National Guard (NCARNG) on 26 August 1998, promoted the applicant to MSG effective 1 June 1998.

2.  Orders 4-1, issued by Headquarters, 30th Engineer Brigade, NCARNG on   16 May 2001, announced his lateral appointment to 1SG effective 1 May 2001.

3.  His record contains a DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)), which shows he was rated as a 1SG during the period September 2001 through May 2002.  Part IV ((Rater) Values/NCO Responsibilities), sub-part b. (Competence), shows he received a "Needs Improvement (Some)" rating in the "Competence" attribute and his rater included the narrative comment, "Needs to enroll in First Sergeant School."  

4.  Orders 228-001, issued by Headquarters, 105th Engineer Group, NCARNG on 28 August 2004, announced his lateral appointment to MSG effective           15 August 2004.  The orders contain the statement:  "MOS withdrawn Primary 96B5M."

5.  His record is void of other NCOERs he received during the period he served as a 1SG.  Additionally, his record is void of documentation that shows he completed the First Sergeant Course (FSC).

6.  Orders 121-0272, issued by XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC on 1 May 2006, announced his release from assignment and duty because of physical disability and placed him on the temporary disability retired list (TDRL) effective 18 May 2006.  His rank is shown as MSG.   

7.  His DD Form 214 shows he was retired due to temporary disability, as a MSG, effective 18 May 2006.  

8.  Orders D076-03, issued by the U.S. Army Physical Disability Agency, Washington, D.C. on 17 May 2009, announced his removal from the TDRL and permanent retirement effective 17 March 2009.  These orders show he was permanently retired in the rank of MSG.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribes the separation documents that 


must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.
	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the personnel qualification record, personnel finance records, discharge documents, separation orders, and any other document authorized for filing in the Official Military Personnel File.
	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for item 4a (Grade, Rate or Rank) and item 4b (Pay Grade), enter the active duty grade of rank and pay grade the Soldier held upon 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 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.  The following are the only criteria for such placement on the Retired List:

* the Soldier must be serving in and retiring in the grade of MSG
* the Soldier must possess Skill Qualification Identifier (SQI) "M" (emphasis added)
* the Soldier must have served as a 1SG in the grade of “MSG” (i.e., grade of E-8); 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 on of the following criteria:

	a.  successfully complete the FSC conducted under the auspices of the U.S. Army Sergeants Major Academy, Fort Bliss, TX; successfully serve 180 days in a 1SG position; and be approved for award by the battalion commander or an equivalent level authority; or

	b.  in a short tour/hostile fire area, successfully completed 180 days of 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 the FSC prior to another assignment as a 1SG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held the rank of MSG when he was placed on the TDRL on 
18 May 2006 and when he was permanently retired on 17 March 2009.

2.  Army Regulation 635-5 requires the active duty rank at time of separation be entered in item 4a of the DD Form 214.  He separated in the rank/grade of MSG/E-8; therefore, the rank shown on his DD Form 214 is correct.

3.  In accordance with the governing Army regulation, NCOs 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.  To be eligible for such distinction, a former 1SG must have been properly awarded SQI "M," which requires completion of the FSC.  

4.  The evidence shows he served as a 1SG from 1 May 2001 through 15 August 2004, and he was initially awarded SQI "M"; however, the evidence shows his award of SQI "M" was later withdrawn.  Additionally, his record does not definitively show he completed the FSC.  Therefore, barring definitive evidence that shows he completed the FSC and served successfully as a 1SG, there is an insufficient basis to amend his retirement orders to show he was placed on the Retired List as a 1SG.  

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.



      ___________________________
               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)                                         AR20120002493



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ABCMR Record of Proceedings (cont)                                         AR20140003528



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