MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 August 2000                   
	DOCKET NUMBER:   AR2000041252

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

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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:  That his records be corrected to show his rank as First Sergeant (1SG) instead of Master Sergeant (MSG).

APPLICANT STATES:  That he served as a 1SG and had received the special qualification identifier (SQI).  He was unaware that he could have retired with the rank of 1SG.

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

He enlisted in the Regular Army on 30 June 1972.  He was promoted to Sergeant First Class (SFC), E-7 on 10 August 1984.  He was awarded primary military occupational specialty (MOS) 31Y4M effective 15 February 1990 (“M” identifying the applicant as 1SG qualified.)  His Personnel Qualification Record, DA Form   2-1, shows that he served as a 1SG from 1 December 1989 through 6 January 1992.  His three noncommissioned officer evaluation reports (NCOERs) for this period show his duty MOS as communications security custodian with no mention of 1SG duties.

On 1 January 1992, the applicant had been promoted to MSG in primary MOS 31Z5M.  

The applicant’s DA Form 2-1 shows he was assigned to Headquarters and Headquarters Company, 11th Signal Brigade, Fort Huachuca, AZ on 7 January 1992 and performed duties as a tactical communications chief.  On 5 February 1992, he applied for retirement.  His application for voluntary retirement, DA Form 2339, shows his current grade and MOS as MSG 31Z50.  His Report of Medical Examination, SF Form 88, dated 3 March 1992 shows his rank as MSG. His Report of Medical History, SF Form 93, dated 3 March 1992 shows his rank as MSG.  His Service Member’s Statement Concerning Compensation from the Veterans Administration, DA Form 664,dated 30 June 1992, shows his rank as MSG.  There is no available NCOER for this period.  There is no order or memorandum available to show the applicant was laterally appointed from MSG to 1SG.

On 1 July 1992, the applicant retired in the rank and grade of MSG, E-8.  

Army Regulation 611-201 prescribes the enlisted MOS classification structure of the U. S. Army.  Table 5-1 provides that SQI “M” is awarded to soldiers in the rank of SFC or MSG who meet the requirements outlined in Army Regulation 614-200, chapter 8 and successfully complete the Department of the Army 1SG Course or serve satisfactorily in a 1SG position for 120 or more consecutive days.

Army Regulation 614-200 provides policies and procedures for selection of enlisted personnel for assignment, transfers and training.  Chapter 8 provides that soldiers who successfully complete the Department of the Army 1SG Course or serve satisfactorily in a 1SG position for 120 or more consecutive days will be awarded SQI “M.”  SQI “M” may be withdrawn as an administrative action only when the soldier requests withdrawal or when the commander or the U. S. Army Total Army Personnel Command consider that the soldier is not fully qualified as a 1SG.  SFC promotables who are assigned to an authorized 1SG position may wear the rank of 1SG upon assumption of duties as a 1SG.  Identification cards and official records will not be changed to show a frocked grade.  Commanders (lieutenant colonel or above) may authorize qualified soldiers in the rank of MSG to be laterally appointed to fill 1SG positions within their command.  The lateral appointment may be announced using an Informal Memorandum.  The effective date will be to date the soldier assumes 1SG duties.

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.  There is no evidence of record to show that the applicant ever held the rank and grade of 1SG, E-8 or that he held a 1SG position after he was promoted to E-8.  He may have been frocked to and worn the rank insignia of 1SG when he was an SFC and held a 1SG position but there is no evidence of record to show he was laterally appointed to 1SG after he was promoted to MSG.  The fact that he held SQI “M” until his retirement is not evidence that he was laterally appointed to 1SG or performed 1SG duties.  It only meant that he remained qualified to hold a 1SG position.

2.  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

__tdh___  __aao___  __gjw___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000041252	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.