PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 June 2000                   
	DOCKET NUMBER:   AR2000037974

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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 that his DD Form 214, Report of Transfer or Discharge, be corrected to show his rank as Command Sergeant Major (CSM).

3.  The applicant states that he was made a CSM on 1 February 1968.  He would like his records corrected so when he dies his gravestone will have the correct rank on it.

4.  The applicant’s military records show that he enlisted in the Regular Army on 4 March 1946.  He was promoted to Sergeant Major (SGM) on 27 June 1964.  

5.  In 1967, the applicant requested retirement.  

6.  Headquarters, Department of the Army Circular 611-31, dated 8 January 1968 announced the results of the first increment of SGMs nominated by their commanders for entry into the CSM program.  The applicant was in that first increment.  Commanders were directed to notify the individuals concerned and to take action to award them CSM military occupational specialty 00Z50.  The circular did not mention lateral appointment from SGM to CSM.

7.  On 20 January 1968, the applicant accepted entrance into the CSM program. On 22 January 1968, he was awarded primary MOS 00Z50.  On 28 January 1968, he was reassigned to Headquarters and Headquarters Battery, 6th Infantry Division Artillery, 6th Infantry Division, Fort Campbell, KY where he performed duties as a CSM.  

8.  On 1 June 1968, the applicant retired.  His DD Form 214 shows his rank as permanent SGM.  There is no evidence of record to show he was appointed to CSM.  (Item 6 of his DD Form 214 is correct.  Although the item is entitled “Date of Rank,” a soldier’s date of rank does not change when he is appointed from one rank to another within the same pay grade.)

9.  In discussing the beginnings of the CSM program with the U. S. Army Sergeants Major Academy historian, the Board learned that there had been some question as to whether the new CSMs would even wear a different rank insignia from that they had worn as SGMs.  The first evidence he found that a new CSM insignia was approved was an 8 April 1968 Army Times article that mentioned that the Sergeant Major of the Army was the first SGM to wear the new CSM insignia of rank.  

10.  Army Regulation 614-200 provides policies and procedures for selection of enlisted personnel for assignment, details, transfers and training.  In pertinent part, it states that on assignment by the U. S. Total Army Personnel Command to a CSM position, the selected SGM will be laterally appointed to the rank of CSM and reclassified to primary MOS 00Z5 if already a SGM.

CONCLUSIONS:

1.  The Board cannot determine if a Government error occurred in this case.  It appears that there was some confusion at the beginning of the CSM program as to whether or not these selectees should even wear a different insignia than that already worn, i. e., SGM insignia.  The applicant was assigned to a CSM position in January 1968.  It appears the first selectee to wear the CSM insignia did not do so until about April 1968.  It appears the applicant retired before he was authorized to wear the new CSM insignia. 

2.  However, the Board concludes that it would be an injustice not to grant the relief requested.  Command Sergeant Major is a prestigious rank.  The applicant was in the first increment to be selected to CSM and he did serve as a CSM.  Under current standards he would have been appointed to CSM upon his assignment to that position.

3.  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 that the applicant retired as a Command Sergeant Major. 

BOARD VOTE:  

__mkp___  __esc___  __jps___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000037974	
SUFFIX		
RECON		
DATE BOARDED	20000607	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.