IN THE CASE OF:	  

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140007077 


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 records to show he was placed on the retired list in the rank of first sergeant (1SG).

2.  The applicant states he served as a 1SG from January 2009 to January 2010.  When retiring from the Army he was told by his brigade personnel office that he had to retire as a master sergeant (MSG) because it was the last rank he held.  He believes he is eligible to retire in the rank of 1SG.

3.  The applicant provides:

* U.S. Army Human Resources Command (HRC) Order Number 351-1
* Enlisted Record Brief (ERB) 
* DA Form 2166-8 (Noncommissioned Officer [NCO] Evaluation Report)
* Meritorious Service Medal (MSM) Certificate 

CONSIDERATION OF EVIDENCE:

1.  On 1 October 1992, the applicant enlisted in the Regular Army.  He served continuously through reenlistments.

2.  On 17 December 2007, HRC issued Order Number 351-2, promoting him to the rank of MSG effective 1 April 2007.

3.  His ERB shows he served in a 1SG duty position in a short tour area (Honduras) in the U.S. Army Element of a joint command beginning in January 2009.  It does not show he completed the First Sergeant's Course (FSC) or that he held the 1SG special qualification identifier (SQI) of "M."  It shows he completed the Senior Leader Course (SLC) in 2002.

4.  He submits an NCOER showing his rank as 1SG and his duty position as 1SG.  The evaluation period covered by the NCOER was 16 January 2009 through 15 January 2010.  His subsequent NCOERs show his rank as MSG.
 
5.  He submits an MSM Certificate, dated 26 February 2010, showing his rank as 1SG.

6.  On 2 November 2012, the Directorate of Human Resources, U.S. Army Garrison-Hawaii, issued Orders 307-0004, releasing him from active duty effective 30 June 2013 and placed him on the Retired List effective 1 July 2013.  His retired grade is shown as MSG.

7.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows on 30 June 2013 he retired from active duty with sufficient service for retirement.  Item 18 (Remarks) of the DD Form 214 he was issued at the time shows his retired list grade as MSG.  Item 14 (Military Education) does not show he completed the FSC.

8.  Review of his record did not reveal any orders laterally appointing him to 1SG or back to MSG.

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states 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.  The following are the only criteria for such placement on the retired list:

	a.  The Soldier must be serving in and retiring in the grade of MSG.

	b.  The Soldier must possess SQI “M.”

	c.  The Soldier must have served as a 1SG in the grade of MSG.  No minimum time period is specified.

10.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) prescribes the reporting, selection, assignment, and utilization of Active Army (AA) enlisted personnel, excluding initial entry training Soldiers. 

	a.  Commanders (lieutenant colonel and above) may authorize Soldiers in the grade of MSG to be laterally appointed to 1SG upon assignment to an authorized 1SG position within their command. 

	b.  Lateral appointments will be announced by DA Form 4187 (Personnel Action) or by informal memorandum.  The effective date will be the date the Soldier assumes 1SG duties.  Upon release from 1SG duties, the unit will initiate lateral appointment action to convert Soldier’s rank from 1SG to MSG. 

	c.  As an exception, Soldiers in short tour areas may be awarded the SQI “M” by the first general officer in the chain of command after 180 days of successful completion of 1SG duty.  Soldiers awarded the SQI “M” for 1SG duty in short tour
areas, who are not school trained, should attend the FSC prior to the next assignment as 1SG.

	d.  All AA first-time 1SGs will attend the FSC prior to assumption of duties.  In the event emergency requirements preclude sending a Soldier to the FSC prior to assuming 1SG duties, the Soldier must attend the FSC within 6 months of assuming 1SG duties.  Waiver authority for this deferred school attendance is delegated to the first general officer in the Soldier’s chain of command.

	e.  Short tour areas, while not exempt from the first-time 1SG policy, will be given considerable latitude in complying with the policy for those 1SG positions affected by a tour of 13 months or less.  Soldiers who are on short tours of 13 months or less and who are not school trained when selected to fill a valid 1SG position will not be required to attend the FSC while in the short tour area. 

11.  Department of the Army Pamphlet 611-21 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 one of the following criteria:

	a.  Successfully complete the FSC conducted under the auspices of the Sergeants Major Academy, Ft Bliss, TX or successfully complete an SLC on or after 1 October 2009; successfully serve 180 days in a 1SG position; and be approved for award by the battalion commander or equivalent level authority.

	b.  In a short tour/hostile fire area, successfully complete 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 FSC prior to another assignment as 1SG.


DISCUSSION AND CONCLUSIONS:

1.  His records contain an NCOER and an MSM Certificate showing his rank as 1SG and that he served in a 1SG position.

2.  The governing regulation clearly states that possession of SQI "M" is required to retire in the grade title of 1SG.  There is no evidence he was awarded SQI "M" by the first general officer in his chain of command.  However, due to the nature of his command (joint) there may not have been a general officer readily available for awarding him SQI "M" or such documentation may have existed without being captured in his official records.

3.  Although he did not attend the required training for a 1SG he served successfully in a 1SG position in a short tour area where completion of the training was not mandatory.  Any documentation laterally appointing him to the rank of 1SG would likely have been maintained at the unit; therefore, the absence of this documentation in his official file should not be a mitigating factor in this case.  His successful service in a 1SG position lends much credibility to his contention that his records should show his retired grade as 1SG.

4.  In view of the foregoing, as a matter of equity it would be appropriate to amend his records as recommended below. 

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 amending item 18 of his DD Form 214 and Directorate of Human Resources,



U.S. Army Garrison-Hawaii, Orders 307-0004 to show his retired list grade of 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)                                         AR20140007077



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ABCMR Record of Proceedings (cont)                                         AR20140007077



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