IN THE CASE OF:  	  

		BOARD DATE:  18 June 2015	  

		DOCKET NUMBER:  AR20140018571 


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 records to show he was placed on the Retired List in the rank of first sergeant (1SG)/pay grade E-8; not master sergeant (MSG)/E-8 as indicated in his retirement orders.  

2.  The applicant states he recently learned that his record was incorrect when he had to replace his damaged DD Form 2 (United States Uniformed Service Identification (ID) Card – Retired).

   a.  The rank on his damaged ID card was 1SG; however, because he was placed on the Retired List in the rank of MSG, officials in the ID Card Section could not issue him an ID card showing his retired rank title as 1SG.

   b.  He states he was influenced and inspired by a senior noncommissioned officer (NCO) to achieve the rank of 1SG.  After he was promoted to MSG he sought a 1SG position.  He completed the 1SG course and was assigned to a very challenging position as 1SG of Headquarters and Headquarters Company (HHC), 12th Aviation Brigade.  He served as the 1SG with honor and distinction from 1 May 1995 to 1 August 1996.  After leaving the 1SG position he was laterally appointed to MSG and placed on the Retired List in that rank.

3.  The applicant provides copies of his DA Form 2-1 (Personnel Qualification Record, three certificates, military occupational specialty (MOS) orders, award of the Army Commendation Medal (ARCOM), retirement orders, DD Form 214 (Certificate of Release or Discharge from Active Duty), and DD Form 2 (Retired).

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 (RA) on 9 December 1975.  Through a series of reenlistments he continued to serve on active duty.

3.  U.S. Total Army Personnel Command, Alexandria, VA, Order Number 21-5, dated 8 November 1994, promoted the applicant to MSG/E-8 effective and with a date of rank (DOR) of 1 December 1994.

4.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant successfully completed the first sergeant course in August 1995.

5.  The applicant's DA Form 2-1, in pertinent part, shows in –

* item 17 (Civilian Education and Military Schools), as continued in item 28 (Item Continuation), he completed the –

* U.S. Army, Europe, and 7th Army, 2-week 1SG Course in 1995
* U.S. Army Sergeants Major Academy, Fort Bliss, TX, 5-week 1SG Course in 1995

* item 18 (Appointments and Reductions) –

* MSG – DOR 1 December 1994
* 1SG – Effective Date:  1 May 1995, DOR:  1 December 1994
* MSG – Effective Date:  1 August 1996, DOR 1 December 1994

* item 35 (Record of Assignments):  1SG, HHC, 12th Aviation Brigade, from
1 April 1995 to 1 August 1996


6.  A DA Form 2166-7 (NCO Evaluation Report) shows the applicant successfully served as 1SG, HHC, 12 Aviation Brigade, from April 1996 through July 1996.

7.  A "Corrected Copy" of Headquarters, U.S. Army Europe, Wiesbaden Transition Center, Orders 158-002, dated 7 June 2001, released the applicant from active duty (REFRAD) on 31 December 2001 and placed him on the Retired List effective 1 January 2002 in the grade of rank of "E-8/MSG."

8.  His DD Form 214 shows he was honorably REFRAD on 31 December 2001 for the purpose of retirement.  At the time, he had completed 26 years and 
22 days of total active service.  It also shows in –

* item 4a (Grade, Rate or Rank):  "MSG"
* item 4b (Pay Grade):  "E8"
* item 11 (Primary Specialty):  "92Y5MG300, Unit Supply Specialist, 
25 years and 8 months
* item 12 (Record of Service), block h (Effective Date of Pay Grade):
1 December 1994.

9.  In support of his application the applicant provides the following additional documents.

   a.  Two certificates that show he completed the Company Commanders/First Sergeants Course at Vilsect, Federal Republic of Germany, during the period 
17 April through 28 April 1995.

   b.  A certificate that shows he completed the U.S. Army 1SG Course at the U.S. Army Sergeants Major Academy, Fort Bliss, TX, during the period 12 July through 15 August 1995.

   c.  Detachment B, 55th Personnel Services Battalion, Orders 321-14, dated 17 November 1995, that show he was awarded primary MOS 92Y5M2S (Unit Supply Specialist).  The fifth character of the MOS code is the Special Qualification Identifier (SQI) and shows the letter "M" that represents "1SG." 
In addition, the standard name line of the orders show his rank as "1SG."

   d.  A DA Form 638 (Recommendation for Award) and DA Form 4980-14 (ARCOM Certificate) that show Headquarters, 12th Aviation Brigade, Permanent Order Number 163-2, dated 11 June 1996, awarded the applicant the ARCOM for, in pertinent part, meritorious service as 1SG, HHC, 12th Aviation Brigade, during the period May 1995 to July 1996.

   e.  DD Form 2, issued on 1 January 2002, that shows his rank as "1SG/E8."
10.  Army Regulation 635-200 (Personnel Separations), in effect at the time, prescribes the policy and procedures for the separation of enlisted personnel.  Chapter 12 (Retirement for Length of Service), paragraph 12-17 (Grade Title on Retired List of former 1SGs) shows that NCOs 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 criteria for such placement on the Retired List is that the Soldier must –

* be serving in and retiring in the grade of MSG
* possess SQI "M"
* have served as a 1SG in the grade of MSG

11.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribes policy and procedures for career management of Army enlisted Soldiers.  Chapter 2 (Personnel Classification), paragraph 2-42, shows the authority for lateral appointment of NCOs.  It states, in pertinent part, that a change of duty for NCOs in pay grade E-8 requires a lateral appointment to or from MSG or 1SG.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows 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 of 1SG.   

2.  The applicant's final DD Form 214 accurately reflects his rank and pay grade as MSG/E-8.  

3.  The evidence of record confirms the applicant successfully served as 1SG of HHC, 12th Aviation Brigade, from May 1995 through July 1996 and that he possessed SQI "M."  Therefore, it would be appropriate to correct his record to show his rank title on the Retired List as 1SG.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his retired rank title as 1SG and issuing him a corrected retirement order that reflects this change.  



      __________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)                                         AR20140018571



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018571



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1