PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            27 January 2000
	DOCKET NUMBER:   AR1999028194

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

	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the rank contained on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be changed from master sergeant (MSG) to first sergeant (1SG).

3.  The applicant states, in effect, that he had successfully served as a 1SG from April 1990 until February 1996, and that he had been permanently awarded the special qualification identifier (SQI) of “M”, which signifies his successful service as a 1SG.  He concludes that his retirement grade should be appropriately reflected as 1SG.

4.  The applicant’s military records show that he continuously served on active duty from 10 February 1972 to 29 February 1996, at which time he was honorably released from active duty and placed on the retired list.  At the time of his retirement he had completed 24 years and 21 days of active service.

5.  The DD Form 214 issued the applicant on his retirement indicated in block 
4a (Grade, Rate or Rank) that his rank was MSG.  The primary specialty listed on this form in block 11 (Primary Specialty) was the military occupational specialty of 71L5M, which indicated that the applicant served as an administrative sergeant and that he held the SQI of “M”, which denoted that he was a qualified 1SG.  

6.  The record also includes Orders Number 194-1, dated 13 July 1995, which was issued by the 1st Armored Division.  This order indicates, in the standard name line, that the applicant held the rank of MSG on the date the order was published.  It also shows that the applicant was being released from active duty on 29 February 1996, and that he was being placed on the retired list the following date.  In addition, it specifically codified that the applicant was being placed on the retired list, effective 1 March 1996, in the retired grade of rank of 1SG.  

7.  Army Regulation 635-200, Chapter 12, provides the policy and procedure for separating members by reason of retirement.  Paragraph 12-17 provides guidance on the grade and title on the retired list of former first sergeants.  It states, in pertinent part, that noncommissioned officers holding the grade of master sergeant at retirement, whose records show successful service as a first sergeant will be placed on the retired list in the grade title “first sergeant”.  The only criteria for this placement is that the soldier must be serving in and retiring in the grade of master sergeant; the soldier must possess the SQI of “M”; and the soldier must have served as a first sergeant in grade of MSG, no minimum time period is specified.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty).  Table 2-1 of this regulation provides instructions for preparing the DD Form 214.  It states, in pertinent part, that the proper entry for block 4 is the active duty grade of rank and pay grade at time of separation. 

CONCLUSIONS:

1.  The Board determined, although the rank of MSG listed in block 4a of the 
DD Form 214 issued the applicant was technically correct given the guidance of the regulation governing the preparation of separation documents, this does not satisfy the intent of the retirement regulation.  This regulation clearly intends that individuals who had successfully served as a 1SG be appropriately recognized in that rank at the time of their retirement.  Therefore, in the interest of justice and equity, the Board concluded it would be appropriate to change the rank contained in block 4 of the DD Form 214, issued the applicant at retirement, to 1SG.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the rank held by the individual concerned at the time he was separated and placed on the retired list was 1SG.

BOARD VOTE:  

___sk___  __eja ___  ___inw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028194	
SUFFIX		
RECON		
DATE BOARDED	2000/01/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1996/02/29	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 310	131.0000	
2. 189	110.0000	
3.		
4.		
5.		
6.