MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 December 1999                   
	DOCKET NUMBER:   AR1999024432

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of item 4a (Grade, Rate or Rank) on his DD Form 2l4 (Certificate of Release or Discharge from Active Duty), issued on 31 January 1995 to show his rank as first sergeant (1SG) versus master sergeant (MSG).

APPLICANT STATES:  That he was serving in an Reserve Officers’ Training Corps (ROTC) detachment as the senior instructor.  As such, he carried the title of sergeant major.  He provides retirement orders, a copy of a Retiree Account Statement from the Defense Finance and Accounting Service-Cleveland Center (DFAS) and a copy of his military identification card, all of which show his rank as 1SG.  

COUNSEL CONTENDS:  Counsel submits no additional information in support of the applicant’s request.  

EVIDENCE OF RECORD:  The applicant's military records show:

He had 5 years, 8 months and 7 days active and inactive service in the United States Marine Corps and the US Army from July 1970 through May 1975.  On 
29 March 1976, he reenlisted in the Regular Army, in pay grade E-5 and his service thereafter was continuous.  He served primarily as a Light Weapons Infantryman and an Armor Senior Sergeant.  

He was promoted to the rank of MSG on 1 January 1989.  On 10 October 1989 he was appointed to duties as 1SG in Germany  and was laterally promoted to that rank, with a date of rank from 1 January 1989.  He was awarded the additional skill identified of “M” denoting performance of duties as a 1SG.  He performed this duty from October 1989 through June 1990.  He returned to the United States and was assigned to duties at an ROTC detachment and held the title of Chief Instructor.  He was laterally appointed to the rank of MSG on 7 July 1990.  He continued to hold that rank until retirement on 1 February 1995.

On 24 March 1994, Orders 39-554 were issued by the 1st Personnel Group, Fort Lewis, Washington, announcing the release of the applicant from active duty with the rank of MSG, effective 31 January 1995 and placement on the Retired List effective 1 February 1995 with the rank of 1SG.  

On 31 January 1995, a DD Form 2l4 was prepared.  The reason and authority for the DD Form 2l4 was shown as “sufficient service for retirement” and the separation authority was shown as Army Regulation 635-200, chapter 12.  He had 22 years, 6 months and 9 days active service.

On 1 February 1995, in accordance with his March 1994 retirement orders, he was place on the Retired List with the rank title of 1SG, but his retirement pay is based on his rank/pay grade of MSG/1SG, pay grade E-8.  
Army Regulation 635-200, at paragraph 12-17, in pertinent part, provides that soldiers in pay grade E-8, who formerly performed duties as a 1SG in that pay grade, and were awarded the MOS designator of “M” will be placed on the retirement list with the rank of 1SG.  No minimum period of service is established.

Army Regulation 635-5, provides the policy and guidance for the preparation of the DD Form 2l4.  Essentially, that regulation states that the entry in item 4a will show the rank in which the individual is serving on the date of the issuance of the DD Form 2l4.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant, in this case, has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The evidence of record shows that the applicant served for more than 
7 months as a 1SG in Germany, while receiving pay in pay grade E-8.

3.  Upon relief from duties as a 1SG, the applicant essentially reverted to his old rank title of MSG, pay grade E-8.  He continued to serve in that rank until his release from active duty on 31 January 1995.  The following day, he was placed on the retired list with the rank title of 1SG.

4.  He has continued to carry the retired rank of 1SG since his retirement as evidenced by his Military Identification Card and his pay and earnings statements from the DFAS.

5.  The Board is satisfied that the applicant was properly released from active duty with the rank of MSG on 31 January 1995, for the purpose of retirement and was placed on the retired list with the rank of 1SG on 1 February 1995.  Therefore, the Board concludes that item 4a on his DD Form 2l4 properly shows the rank title of MSG. 

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CJP__  __GDP___  __CLG__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024432	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.00	
2.	131.09	
3.		
4.		
5.		
6.