Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140011231
Original file (20140011231.txt) Auto-classification: Approved

	 

	BOARD DATE:   5 February 2015

	DOCKET NUMBER:  AR20140011231


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 (Report of Separation from Active Duty) to show:

* His date of birth as 26 September 1929
* His correct rank as command sergeant major (CSM)

2.  The applicant states his information is not correctly shown on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* State of Florida Certificate of Birth issued 12 June 1987
* Retiree Account Statement effective 20 May 2014

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.  A Statement of Personal History, as filed in the applicant's military records, 
for the period of service commencing in 1948, shows his date of birth as 
26 September 1929.

3.  A Standard Form 88 (Report of Medical Examination), completed in conjunction with the applicant's retirement, shows his date of birth as 
26 September 1929.

4.  A DA Form 20 (Enlisted Qualification Record) shows the applicant was promoted to sergeant major (SGM) with a date of rank of 17 April 1972.  This form also shows that he was assigned as an acting CSM from 21 May 1973 to 
1 January 1974.

5.  A DA Form 2-1 (Personnel Qualification Record - Part II) shows the applicant was assigned as an acting CSM from 1 January 1974 until his retirement on 
30 November 1976.

6.  Orders 44-69, 2nd Armored Division, dated 13 August 1976, announced the applicant's retirement as a SGM effective 30 November 1976.

7.  The applicant's DD Form 214 ending on 30 November 1976 shows his date of birth as 28 February 1928 and his rank as SGM.

8.  The certificate of birth provided by the applicant shows he was born on 
26 September 1929.

9.  The Retiree Account Statement provided by the applicant refers to him as a CSM.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), as then in effect, prescribed policy and procedure for career management of Army personnel.  It specified that lateral appointments would be announced in orders.  Furthermore, it specified that appointment of acting noncommissioned officers would be announced on a DA Form 2496 (Disposition Form) and that such appointments were automatically terminated when no longer in the authorized position.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* His date of birth as 26 September 1929
* His correct rank as CSM

2.  Records show the applicant’s date of birth as 26 September 1929, which is in accordance with his birth certificate.  Therefore, his DD Form 214 should be corrected to show this as his date of birth.

3.  The evidence of record shows that the applicant was promoted to SGM, pay grade E-9 in 1972 and was subsequently utilized as an acting CSM until his retirement in 1976.  However, there is no evidence showing that he was ever selected for or appointed on orders as a CSM.  His status as an acting CSM automatically terminated when he retired.  Therefore, his rank and pay grade of SGM, E-9 are properly shown on his DD Form 214.  The fact that his Retiree Account Statement refers to him as a CSM has no effect upon his status at the time of his retirement.

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 showing on his DD Form 214 for the period ending 30 November 1976 his date of birth as indicated on his birth certificate.



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 showing his rank as command sergeant major.




____________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)                                         AR20070016793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011231


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060013430C071029

    Original file (20060013430C071029.doc) Auto-classification: Denied

    The applicant’s Personnel Qualification Record (DA Form 2-1) indicates, in Item 18 (Appointments and Reductions), that he was promoted to the rank of Sergeant Major (SGM) and pay grade of E-9 on 20 January 1976. The applicant's Military Personnel Records Jacket (MPRJ) contains no indication that he was ever selected for CSM by a properly constituted Department of the Army (DA) selection board, or that he was ever laterally appointed to the rank of CSM by proper authority while serving on...

  • ARMY | BCMR | CY2002 | 2002074022C070403

    Original file (2002074022C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record shows that the applicant was not selected for appointment to CSM while he was still on active duty, and that he was placed on the Retired List in the rank of SGM in accordance with the applicable law and regulations in effect at the time. Therefore, the Board finds no injustice related to the applicant’s assigned retired rank title and is compelled...

  • ARMY | BCMR | CY2008 | 20080007019

    Original file (20080007019.txt) Auto-classification: Denied

    DISCUSSION AND CONCLUSIONS: There is no evidence in the available records and the applicant did not provide substantiating evidence that shows he was selected for appointment to CSM and/or served as a CSM. Therefore, there is insufficient evidence to correct the applicant's rank from SGM to CSM in this case. ___ XXX ___ 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.

  • ARMY | BCMR | CY2012 | 20120001030

    Original file (20120001030.txt) Auto-classification: Denied

    Item 4a of his DD Form 214 shows his rank as SGM. Army Regulation 635-200 (Personnel Separations), then in effect, 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 or her records reflected honorable service as a CSM and he or 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. His...

  • ARMY | BCMR | CY2010 | 20100020072

    Original file (20100020072.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was laterally appointed/promoted to command sergeant major (CSM)/pay grade E-9. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 2 (Grade) - "SGM E9"; b. item 3 (Date of Rank) - "23 Nov 66" (i.e., 23 November 1966); c. item 22 (Military Occupational Specialties [MOS]) he was awarded primary MOS 13Z5O and secondary MOS 15E5O (Pershing Missile Crewman) on 23 November 1966; d. item 33 (Appointments and...

  • ARMY | BCMR | CY2011 | 20110018353

    Original file (20110018353.txt) Auto-classification: Denied

    A DA Form 4187 (Personnel Action), dated 5 February 2002, shows his appointment as a CSM was terminated and he was reappointed a SGM, effective 10 January 2002. The U.S. Army Reserve Personnel Command issued Orders Number C-02-203589, dated 5 February 2002, releasing him from Headquarters and Headquarters Company, 14th Psychological Operations Battalion, and transferring him to the Retired Reserve in the rank of SGM, effective 10 January 2002. The record of evidence clearly shows that upon...

  • ARMY | BCMR | CY2007 | 20070017029

    Original file (20070017029.txt) Auto-classification: Approved

    Item 33 (Appointments and Reductions) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant’s last appointed grade was “staff sergeant major” [SSM/E-9 (P)] in accordance with the Department of the Army Message 864767, dated 20 May 1968. Therefore, the applicant's rank at the time of his retirement was that of a Staff Sergeant Major (SSM) and this rank is correctly shown on his records. With respect to the applicant's rank at the time of entry into the period of...

  • ARMY | BCMR | CY2010 | 20100008932

    Original file (20100008932.txt) Auto-classification: Denied

    The DD Form 214 he was issued shows he completed over 26 years of creditable active service. At the time of his release from active duty and retirement, he held the rank of SGM, not CSM, and this rank is correctly shown on his DD Form 214. ___________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.

  • ARMY | BCMR | CY2009 | 20090006052

    Original file (20090006052.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was appointed to the rank of command sergeant major (CSM)/pay grade E-9 and that he was placed on the Retired List in the rank of CSM (E-9). The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 2 (Grade) the entry "SGM E-9"; b. item 3 (Date of Rank) the entry "29 SEP 67"; c. item 31 (Foreign Service) that he served overseas in USAREUR in Germany from 10 September 1966 through 17 September 1969; d. item 33...

  • ARMY | BCMR | CY2008 | 20080008580

    Original file (20080008580.txt) Auto-classification: Denied

    The applicant's military personnel records show he enlisted in the U.S. Army Reserve (USAR) on 16 June 1980 and his date of birth (DOB) is recorded as 18 June 1948. However, the message that announced that board specifically stated that the eligibility criteria for appointment as TPU CSM included, if the Soldier was a MSG with a PEBD of 1 March 1972 and later (the applicant's PEBD was 16 June 1974) and with a date of rank of 6 June 2001 and earlier (the applicant's date of rank was 16 March...