IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140018958
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 reconsideration of his request to correct his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was retired as a first sergeant (1SG).
2. The applicant states, in effect, that when the Board previously considered his request, his official records did not contain a copy of his DA Form 1059 (Service School Academic Evaluation Report) showing he completed the 1SG course. However, he is providing the DA Form 1059 in question and requests that his DD Form 214 dated 18 May 2006 be corrected to show that he was retired as a 1SG instead of master sergeant (MSG).
3. The applicant provides a three-page letter explaining his request and a copy of his DA Form 1059 showing that he completed the 1SG course in Germany on 15 November 1996.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140003528 on 8 October 2014.
2. The applicant was serving in the North Carolina Army National Guard (NCARNG) in the pay grade of E-7 when he was ordered to active duty on 8 July 1996 in support of Operation Joint Endeavor. He was transferred to Germany on 16 July 1996.
3. He attended and completed the 1SG course in Germany during the period 4 through 15 November 1996. He departed Germany on 3 March 1997 and was honorably released from active duty (REFRAD) on 18 March 1997 and returned to his NCARNG unit.
4. He was promoted to the rank of MSG/pay grade E-8 on 1 June 1998, and on 1 May 2001, he was laterally appointed to the rank of 1SG in military occupational specialty (MOS) 95B5M. The applicant was again ordered to active duty on 15 August 2004 in support of Operation Iraqi Freedom.
5. On 28 August 2004, orders were published by Headquarters, 105th Engineer Group, NCARNG laterally appointing him to the rank of MSG and withdrawing his special skill identifier (SQI) of M, which denotes 1SG qualified. There is no explanation as to why his SQI was withdrawn in the available records.
6. On 18 May 2006, he was retired by reason of temporary disability in the rank of MSG and was placed on the Temporary Disability Retired list (TDRL). On 17 March 2009, he was removed from the TDRL and was permanently retired in the rank of MSG in MOS 95B5O.
7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides in paragraph 12-17 that noncommissioned officers holding the rank of MSG at retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the grade title of 1SG provided that the individual is serving in and retiring in the grade of MSG, possesses the SQI of "M" (emphasis added), and the individual served as a 1SG in the grade of E-8.
8. Army Regulation 600-200 (Enlisted Personnel Management System) in effect at the time established a priority for SQIs. It provided that only one SQI per MOS would be allowed based on an individuals qualifications and present duty assignment.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists on the date of release from active duty or discharge. It also provides that for item 4a (Grade, Rate or Rank), enter the active duty grade or rank and pay grade at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect his retirement in the rank of 1SG has been noted. The applicant was separated in the rank of MSG, the rank he held at the time he was retired in accordance with the regulations in effect at the time.
2. While the applicant did serve as a 1SG for 3 years and qualified for award of SQI "M," his SQI was withdrawn through publication of official orders for reasons that are not explained in the available records and thus he was not entitled to be retired in the rank of 1SG.
3. The applicants contention that his SQI was withdrawn as a result of reprisal against him as a whistleblower has been noted; however, he has provided no evidence to support that contention.
4. Additionally, he was serving in MOS 95B5O, which was his primary MOS at the time of his retirement. Accordingly, it was properly recorded on his DD Form 214. It is also noted that had the applicant been eligible for retirement as a 1SG, only his retirement orders would be changed to reflect retirement as a 1SG.
5. Therefore, in the absence of evidence to the contrary, there appears to be no error or injustice in this case and no basis to approve his request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20140003528, dated 8 October 2014.
______ _ _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) AR20140018958
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ABCMR Record of Proceedings (cont) AR20140018958
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