IN THE CASE OF:	  

		BOARD DATE:	 3 September 2015

		DOCKET NUMBER:  AR20150001858


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 the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20130019952 on 6 August 2014.  Specifically, she requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank as first sergeant (1SG) instead of master sergeant (MSG).  

2.  The applicant states she is very disappointed in the Board’s previous decision.  According to the Board’s decision, her retirement orders show she was serving in the rank of MSG and her DD Form 214 is correct.  However, she has located her amended retirement orders, which show her retired rank as 1SG.  Her DD Form 214 should show her retired rank.  She successfully served as a 1SG and her retired identification (ID) card correctly shows her rank as 1SG; however, her retired pay account incorrectly shows her rank as MSG.

3.  The applicant provides:

* Orders 092-0044 and 092-0045, both issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington on 2 April 2003 
* Orders 328-0032, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington on 24 November 2003 




CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were summarized by the ABCMR in the previous consideration of the applicant's case in Docket Number AR20130019952 on 6 August 2014.

2.  The applicant provides amended retirement orders, which she believes were not previously considered; however, they do not constitute new evidence since the Board considered them in the first case.  However, she provides a new argument in her request for reconsideration that now warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 7 February 1980.  She served through numerous periods of reenlistment in positions of increased responsibility, and was promoted to the rank/grade of MSG/E-8 on 1 August 2000. 

4.  She assumed duties as the First Sergeant of Company C, 704th Military Police Battalion, Fort Lewis, Washington on or about 1 October 2000.  

5.  She completed the U.S. Army First Sergeant Course, conducted under the auspices of the U.S. Army Sergeants Major Academy, on 22 June 2001.  

6.  She was reassigned from First Sergeant duties on or about 1 June 2002.  Her Noncommissioned Officer Evaluation Reports (NCOERs) indicate she served successfully as a unit First Sergeant.  Consistent with her reassignment, she was laterally appointed back to the rank of MSG, which she maintained through the remainder of her active serve.  

7.  Orders 092-0044, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington on 2 April 2003, ordered her retirement from active duty on 29 February 2004, with placement on the Retired List in the rank of MSG, effective 1 March 2004.  Her rank is identified in the standard name line of these orders as MSG, indicating she was serving in the rank of MSG when the orders were published. 

8.  Orders 328-0032, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington on 24 November 2003, amended her retired rank on her retirement orders from MSG to 1SG.  Her rank is identified in the standard name line of these orders as MSG, indicating she was serving in the rank of MSG when the orders were published.  A copy of these orders are filed in her official military personnel file (OMPF).

9.  She was honorably retired from the Army on 29 February 2004, after completing 24 years and 24 days of service.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of her DD Form 214 show she was serving in the rank/grade of MSG/E-8 on the date of her retirement.  Her Retired List rank is not specified on her DD Form 214.

10.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade title on retired list of former first sergeants), provides 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 grade title 1SG.  

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army, and establishes a standardized policy for the preparation of the DD Form 214.  It states that Item 4a of the DD Form 214 will reflect the active duty rank the Soldier held at the time of his/her separation (emphasis added). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to show her rank as 1SG instead of MSG was carefully considered.  

2.  The evidence of record confirms she served satisfactorily as a 1SG and her amended retirement orders correctly show her Retired List rank as 1SG. However, the governing regulation provides that Item 4a of the DD Form 214 will reflect the active duty rank the Soldier held at the time of his or her separation.  The applicant was serving as a MSG on the date of her retirement; therefore, the rank shown on her DD Form 214 is correct and there is no basis to change it.

3.  The applicant states that her retiree pay account shows her rank as MSG.  However, she did not provide evidence to support her contention.  Therefore, as she is on the Retired List as a 1SG, she should write to the Commander, U.S. Army Human Resources Command, 1600 Spearhead Avenue, Fort Knox, KY 40122 and request they provide the Defense Finance and Accounting Services with a copy of her amended retirement orders.  The email address is askhrc.army@us.army.mil or she can contact her nearest installation Retirement Services Office for assistance.  

4.  Based on the foregoing, there is not a sufficient 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130019952 on 6 August 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)                                         AR20100020768



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001858



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1