IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140014105
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 he retired in the rank of first sergeant (1SG).
2. He states his retirement orders correctly show his retired grade of rank as 1SG.
3. He provides his DD Form 214; Orders 270-0109, dated 27 September 2010; and a Defense Finance and Accounting Service letter, dated 9 May 2011.
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 2 December 1987. He served through a series of reenlistments and in a variety of stateside and/or overseas assignments.
3. His record is void of any promotion orders to master sergeant (MSG) or orders showing he was laterally appointed as a 1SG. Additionally, there is no
DA Form 1059 (Service School Academic Evaluation Report) or a diploma showing that he successfully completed the 1SG Course and was awarded skill qualification identifier (SQI) "M." However, a Noncommissioned Officer Evaluation Report (NCOER) shows from 16 January 2008 through 15 January 2009, he was rated as the 1SG, D Company, 187th Medical Company.
4. His NCOER for the period 24 May 2010 through 10 January 2011 shows he was rated as an MSG, Senior Enlisted Advisor, Army Medical Student Detachment, 187th Medical Battalion, Fort Sam Houston, TX.
5. Headquarters, United States Army Garrison, Fort Sam Houston, TX, Orders 270-0109, dated 27 September 2010, show his rank in the standard name line as MSG. The effective date of his retirement is listed as 30 April 2011 and his retired grade of rank is listed as 1SG.
6. He was retired on 30 April 2011. Item 4a (Grade, Rate, or Rank) of his DD Form 214 shows his rank as MSG.
7. Army Regulation 635-200 (Personnel Separations), chapter 12, states that noncommissioned officers 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 only criteria for such placement on the retired list are:
* the Soldier must be serving as and retiring as a MSG
* the Soldier must possess SQI "M"
* the Soldier must have served as a 1SG as an E-8
8. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that 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. Paragraph 2-4, in pertinent part, requires the preparer to enter from the Enlisted Record Brief the active duty grade or rank and pay grade at the time of separation in item 4.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 is correct as prepared in accordance with Army Regulation 635-5 in that he separated from active duty in the rank of MSG. There is no provision to amend his DD Form 214 unless he was actively serving as a 1SG at the time of his separation from active duty, which by his last NCOER, does not appear to be the case. As such, there is no basis for granting 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) AR20140014105
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ABCMR Record of Proceedings (cont) AR20140014105
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