IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140006568 


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 the following:

* a change to his retired rank title from Sergeant Major (SGM) to Command Sergeant Major (CSM)
* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal

2.  The applicant states he retired as a CSM not an SGM.  The Meritorious Service Medal is also not listed on his DD Form 214.  He received a corrected copy of his DD Form 214 from personnel which listed him as retiring in the rank of CSM, but he believes it was not forwarded to the correct channels.  He thought that since he was issued a corrected DD Form 214 everything was taken care of until he began receiving correspondence from the Department of the Army addressing him as an SGM.

3.  The applicant provides copies of the following:

* Permanent Orders (PO) Number 60-1
* Certificate of Appointment
* DD Form 214

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  After having had prior service, the applicant enlisted in the Regular Army on 8 September 1977.  He was awarded military occupational specialty (MOS) 11B (infantryman).  

3.  Headquarters, 23rd Infantry Division, issued the following orders which show he served in Vietnam from approximately between July 1970 and May 1971:

* General Orders (GO) Number 16337, dated 16 December 1970, awarding him the Army Commendation Medal for meritorious achievement in Vietnam from 1 August 1970 through 30 November 1970
* GO Number 06103, dated 30 May 1971, awarding him the Bronze Star Medal for meritorious service in Vietnam from July 1970 through May 1971

4.  His records contain and he provided a copy of PO Number 60-1, issued by Headquarters, U.S. Army Reserve Officers' Training Corps Cadet Command, on 15 November 1989, awarding him the Meritorious Service Medal for outstanding meritorious service from 15 August 1987 through 15 January 1990 and the resulting certificate.

5.  His records also contain the following:

   a.  DA Form 1059 (Service School Academic Evaluation Report), dated 3 July 1990, which shows he successfully completed the U.S. Army SGM Course on that date.

   b.  Order Number 105-1, issued by the U.S. Total Army Personnel Command, on 3 January 1992, promoting him to SGM with an effective date and date of rank of 1 February 1992.

   c.  DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report), for the period December 1992 through May 1993, for his duties as the Chief, Assistance and Complaints NCO in MOS 11B.  The report shows his rank as SGM.  In Part V (Overall Performance of and Potential) of the report his senior rater entered the comment "has the ability to serve with distinction as a battalion CSM."

6.  His also provided a copy of a Certificate of Appointment which confirmed his appointment to CSM on 7 May 1993.

7.  He was honorably retired on 31 August 1994.  He was credited with completing a total of 23 years and 20 days of net active service.  He was issued a DD Form 214 which listed in:

* Item 4a (Grade, Rate, or Rank) – CSM
* Item 4b (Pay Grade) – E-9
* Item 12h (Effective Date of Pay Grade) – 7 May 1993
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the:

* Legion of Merit
* Bronze Star Medal
* Air Medal
* Army Commendation Medal (3rd Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (7th Award)
* NCO Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Gold German Armed Forces Badge

8.  A review of his records located on the Interactive Personnel Electronic Records Management System (iPERMS) and Soldier Management System (SMS), located on the U.S. Army Human Resources Command Integrated Web Service, failed to reveal a copy of his retirement orders.  The Combat-Related Special Compensation Division folder located on SMS contains a copy of his DD Form 214 which shows in:

* Item 4a (Grade, Rate, or Rank) - CSM
* Item 4b (Pay Grade) – E-9

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, govern the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Items 4a and 4b - would list the active duty grade or rank and pay grade at time of separation
* Item 12h - would list the effective date for the grade shown in items 4a and 4b
* Item 13 - would list all decorations authorized and awarded

10.  Army Regulation 635-200 (Enlisted Personnel Separations), in effect at the time, set the policy for the separation of enlisted Soldiers.  Chapter 12 of the regulation stated a Soldier holding the grade title of SGM at retirement would be placed on the Retired List in the grade title of CSM if his/her records reflected honorable service as a CSM and he/she was released from the CSM Program, voluntarily or involuntarily, because of an assignment-limiting medical or physical condition, or to serve as an SGM in any duty assignment.  Retirement orders on eligible members would show active duty as SGM/E-9 and placement on the retired list as CSM/E-9.

11.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 

   b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.

   c.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation

DISCUSSION AND CONCLUSIONS:

1.  With regard to the applicant's retired rank title:

   a.  The evidence of record shows he was promoted to the rank of SGM on 1 February 1992 and he was appointed a CSM on 7 May 1993.  It appears he was serving as a CSM at the time of his separation for retirement on 31 August 1994.

   b.  While his records on iPERMS and SMS are void of his retirement orders, they contain and he was issued a DD Form 214 showing his retired rank as CSM.  Therefore, the entry CSM in item 4a of his DD Form 214 is correct and no correction is required.

   c.  He is advised that although no change to item 4a is authorized, his rank title on the Retired List should reflect CSM.  He may use this document if necessary to ensure his correct retired rank title of CSM is properly recorded with the Defense Finance and Accounting Service and on his military identification card.

2.  With regard to the Meritorious Service Medal, PO awarded him the Meritorious Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The available evidence shows he completed a qualifying period of service for two awards of the National Defense Service Medal.  Therefore, he is entitled to correction of his 1994 DD Form 214 to show these awards.

4.  Notwithstanding the absence of his actual dates of service in Vietnam there is sufficient evidence showing he served a qualifying period of service for award of the Vietnam Service Medal with three bronze service stars.  Therefore, this DD Form 214 should be corrected to show these awards.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* adding to this DD Form 214 for the period ending 31 August 1994 the:

* Meritorious Service Medal
* National Defense Service Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars



      _______ _   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)                                         AR20140006568





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ABCMR Record of Proceedings (cont)                                         AR20140006568



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