IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011867
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 his rank as first sergeant (1SG) instead of master sergeant (MSG).
2. The applicant states his rank was incorrectly recorded on his DD Form 214 as MSG instead of 1SG.
3. The applicant provides:
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) for the periods FebruaryDecember 1994, JanuaryDecember 1995, JanuaryDecember 1996, and JanuaryApril 1997
* Orders 096-0008, issued by Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas on 6 April 2007
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. The applicant enlisted in the Regular Army on 8 January 1980. He was promoted to the rank of MSG on 1 April 1996.
3. A DA Form 1059 indicates he completed the U.S. Army First Sergeant Course, conducted at the U.S. Army Sergeants Major Academy, on 30 August 1995.
4. His NCOERs for the periods January 1996 through April 1997 show he satisfactorily performed his duties as a 1SG during that time frame.
5. His NCOER for the period 16 July 2006 through 15 April 2007 shows he was performing duties as a MSG during that time frame.
6. Orders 096-0008, issued by Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas on 6 April 2007, announced his retirement effective 30 June 2007. These orders show his rank as MSG and that he was to be placed on the Retired List in the rank of 1SG.
7. He was retired on 30 June 2007. His DD Form 214 shows his rank as MSG.
8. Army Regulation 635-200 (Personnel SeparationsEnlisted Personnel), paragraph 12-17 (Grade Title on Retired List of Former First Sergeants) states that 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 rank title 1SG.
9. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214 and states that block 4 (Grade, Rate or Rank) will show the active duty grade or active duty rank and pay grade at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD form 214 should be corrected to show his rank as 1SG.
2. The evidence of record shows he met the eligibility criteria for placement on the Retired List as a 1SG. As his retirement orders reflect, he was placed on the Retired List as a 1SG.
3. However, he was serving in the rank of MSG at the time of his retirement. His DD Form 214 is meant to reflect his status as of his last day of active duty. As of that date, he held the rank of MSG. Therefore, his DD Form 214 accurately reflects his rank as MSG during his last day of active duty. As a result, there is no basis to grant the 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) AR20140011867
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ABCMR Record of Proceedings (cont) AR20140011867
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