BOARD DATE:	 21 May 2015 

		DOCKET NUMBER:  AR20140016559 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1992 be corrected by:

* amending his rank/grade to show first sergeant (1SG)/E-8
* adding the Noncommissioned Officer (NCO) Professional Development Ribbon
* showing his secondary military occupational specialty (11B5V)

2.  The applicant states:

* he found the above-noted errors during his review of his DD Form 214
* he feels his human resources support did not ensure his records were correct
* he was advised the errors would be corrected, but this did not occur
* he is preparing his obituary and his daughter would like to make a show-board which displays his military accomplishments
* he wants to ensure his records accurately reflect his career

3.  The applicant provides:

* DA Form 3713 (Data for Retired Pay)
* Orders Number 42-4, dated 10 March 1992, issued by 9th Personnel Service Company
* DD Form 214
* two pages extracted from his DA Form 2-1 (Personnel Qualification Record - Part II)

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 11 June 1971.  He remained on active duty through continuous reenlistments until he retired on 30 September 1992 in the rank of master sergeant (MSG).  The highest rank achieved while on active duty was 1SG.  

3.  His DD Form 214, as amended by DD Form 215 (Correction to DD Form 214), shows he completed 14 years, 10 months, and 1 day of net active creditable service for that period.  It also shows he completed 6 years, 5 months, and 19 days of prior active service.  Item 4a (Grade, Rate, or Rank) shows MSG.  Item 4b (Pay Grade) shows E-8.  Item 11 (Primary Specialty) shows 13Z5V (Field Artillery Senior Sergeant), 3 years.  He was awarded or authorized:

* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (7th Award)
* National Defense Service Medal with one bronze service star
* Korea Defense Service Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
* Air Assault Badge
* Ranger Tab
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  His records contain the following orders:

	a.  Orders Number 24-4, dated 26 January 1984, issued by U.S. Army Regional Personnel Center Giessen, shows the applicant was awarded MOS 11B4O as a secondary MOS effective 25 January 1984.

	b.  Orders Number 157-5, dated 15 August 1990, issued by 9th Personnel Service Company, shows the applicant being given a lateral appointment to 1SG.

	c.  Orders Number 16-5, dated 13 March 1991, issued by Headquarters, 3rd Battalion, 11th Field Artillery, shows the applicant being appointed as a MSG with the rank of 1SG shown as terminated. 

	d.  Orders 32-13, dated 25 February 1992, issued by 9th Personnel Service Company, states the applicant is to be released from active duty and placed on the Retired List effective 30 September 1992.  His retired grade of rank is shown as MSG (emphasis added).

	e.  Orders 42-4, dated 10 March 1992, issued by 9th Personnel Service Company, amends the applicant's retired grade of rank from MSG to 1SG.

5.  His DA Form 2-1 contains the following entries:

	a.  Item 9 (Awards, Decorations, and Campaigns)

* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (1st Award)
* National Defense Service Medal with one bronze service star
* Humanitarian Service Medal
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
* Air Assault Badge
* Ranger Tab
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

	b.  Item 18 (Appointments and Reductions) contains a last entry showing his rank as MSG effective 13 March 1991.



6.  The applicant provides a DA Form 3713 which shows:

* item 2 (Active Duty Grade) MSG/E-8 (emphasis added)
* item 3 (Retired Grade) 1SG/E-8 (emphasis added)
* item 8 (Highest Grade Attained) 1SG/E-8
* item 10 (Retired Pay) 1SG/E-8

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12, sets policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers (active RA, Army National Guard (ARNG) and USAR) who are retiring in an enlisted status.  It states RA Soldiers are retired in the rank/grade the Soldier holds on the date of retirement (emphasis added), assuming they served in the rank/grade satisfactorily (emphasis added).  

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214.  It states:

	a.  Regarding items 4a and 4b, enter the active duty grade or rank and pay grade at the time of separation (emphasis added).

	b.  As to item 11, enter the primary MOS and all additional MOS served for a period of one year or more during the Soldier's continuous active military service.  For each MOS, list the title with years and months served.

DISCUSSION AND CONCLUSIONS:

1.  Regarding the applicant's request to have his DD Form 214 amended to show his rank as 1SG instead of MSG, the available evidence does not support this request.

	a.  Although the highest rank held during his career was 1SG, his records show his active duty rank at the time of his retirement was MSG.  The DD Form 214 is not intended to reflect the highest rank achieved during a military career.  Rather, Army Regulation 635-5 requires the DD Form 214 to show the rank held at the time of separation.

	b.  By contrast, one of the functions of the retirement order is to show the rank at which the Soldier will be placed on the Retired List.  For the Retired List, the highest rank held is what will be reflected on the order.  The highest rank held by the applicant was 1SG and records show this became his retired rank (i.e., the rank shown for him on the Retired List).
	c.  Based upon the foregoing, the DD Form 214 shows the correct rank and no change would be required.

2.  His records show he was awarded the NCO Professional Development Ribbon with the Numeral 3.  Additionally shown is the award of the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  These awards are not shown on his DD Form 214 and should be added.

3.  In his records are orders which reflect he was awarded the secondary MOS of 11B effective 25 January 1984.  Army Regulation 635-5 requires the entry of the primary MOS in item 11, but permits the addition of all other MOS in which a Soldier has served for 1 year or more.  As such, his DD Form 214 should be corrected to show this secondary MOS.

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 amending the following entries on his DD Form 214 for the period ending 30 September 1992:

	a.  Item 11, add 11B5V Infantry Senior Sergeant, 8 years and 8 months.

	b.  Item 13, add the NCO Professional Development Ribbon with Numeral 3 and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

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 amending item 4a of his 
DD Form 214 for the period ending 30 September 1992 to show his 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)                                         AR20140016559





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ABCMR Record of Proceedings (cont)                                         AR20140016559



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