IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008186 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as first sergeant (1SG)/E-8 instead of master sergeant (MSG)/E-8.

2.  The applicant states he served as a unit 1SG of the U.S. Military District of Washington (MDW) Military Police (MP) Company at Fort Myer, VA from September 1989 to August 1990. 

3.  The applicant provides:

* DD Form 214
* Orders 185-35, lateral appointment to 1SG
* Orders 170-01, termination of lateral appointment to 1SG

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.  Having had prior service, the applicant enlisted in the Regular Army on 10 March 1983 and he held military occupational specialty 95B (MP).  He served through multiple reenlistments in a variety of assignments. 

3.  On 1 March 1989, the U.S. Total Army Personnel Command published Orders 31-6 promoting him to MSG/E-8 effective 1 April 1989. 

4.  On 28 September 1989, Headquarters, MDW, Fort McNair, published Orders 185-35 laterally appointing him to 1SG effective 1 April 1989.  He was assigned to the MDW MP Company. 

5.  On 31 August 1990, Headquarters, MDW, Fort McNair, published Orders 170-01 terminating his lateral appointment to 1SG, effective 22 August 1990. 

6.  There is no indication in the applicant's records that confirms his completion of the 1SG course or award of skill qualification identifier (SQI) "M."

7.  On 19 September 1990, Headquarters, MDW, Fort McNair, published Orders 182-04 reassigning him to the transition center for outprocessing and retiring him from active duty, in the retired grade of MSG/E-8, on 1 May 1991 (amended to 
30 June 1991).  He held the rank of MSG on the date of retirement.

8.  He retired on 30 June 1991 and he was placed on the retired list in his retired rank/grade of MSG/E-8 on 1 July 1991.  The DD Form 214 he was issued shows the following entries:

* items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - "MSG" and "E-8"
* item 12i (Effective Date of Pay Grade) - "1989-04-01"

9.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation from his or her records
* item 12i shows the effective date of pay grade

10.  Army Regulation 635-200 (Enlisted Separations), chapter 12, in effect at the time, stated for NCOs holding the rank 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 criteria for such placement on the Retired List are that the Soldier must be serving as and retiring as an MSG, must possess special qualification identifier "M," and must have served as a 1SG.

DISCUSSION AND CONCLUSIONS:

1.  In order to be placed on the Retired List as a 1SG the applicant would have to have completed the prescribed 1SG Course, have been awarded SQI "M," and have served as a 1SG in pay grade E-8.  Although he provided orders laterally appointing him to 1SG on 1 April 1989 and terminating this appointment on 22 August 1990, there is no evidence he completed the 1SG course or was awarded the SQI "M."  Therefore, he does not meet the criteria for placement on the Retired List as a 1SG. 

2.  At the time of his retirement, he was not performing duties of 1SG.  Items 4a and 4b of the DD Form 214 show the active duty rank and pay grade at time of the Soldier's separation.  He was performing the duties of and held the rank of MSG, not 1SG, on his last day of active duty.  

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  His DD Form 214 correctly reflects his rank and grade and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief.

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.



      _______ _   _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)                                         AR20140008186





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ABCMR Record of Proceedings (cont)                                         AR20140008186



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