PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 December 2000                  
	DOCKET NUMBER:   AR2000044988

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn 		Member	
	Mr. Harry B. Oberg		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 rank be corrected to show First Sergeant instead of Master Sergeant.  

3.  The applicant’s request for the issuance of awards and decorations to which he may be entitled from the USAR was addressed by separate correspondence.  

4.  The applicant states, in effect, that he was laterally appointed from Master Sergeant to First Sergeant and that his records should reflect this rank.  In support of his application, he submits a copy of a letter of appointment to First Sergeant dated 18 December 1959; a copy of DA Form 1049 (Personnel Action) dated 5 February 1967; an endorsement, dated 5 February 1967, to the DA Form 1049; travel orders dated 5 April 1968; a Certificate of Achievement dated
23 June 1969; separation orders from the USAR dated 19 July 1972; a Certificate of Retirement dated 15 March 1985; WD AGO Form 53-55 (Enlisted Record and Report of Separation); Summary Points Inquiry dated 21 October 1983; a Notification of Eligibility for Retired Pay at Age 60 letter dated 2 July 1971; a Notification of Eligibility for Retired Pay at Age 60 letter dated 14 January 1984; retirement orders dated 29 February 1985; and orders for active duty training dated 29 June 1954.

5.  The applicant’s military records show that he was inducted in the Enlisted Reserve Corps (ERC) on 11 May 1943.  He enlisted in the Army of the United States and entered active duty on 18 May 1943.  The applicant served as a stationary fireman in the European Theater of Operations from 15 May 1944 to 18 January 1946 and was honorably released on 2 February 1946.  He immediately enlisted in the ERC and remained in the USAR through continuous reenlistments until he was honorably discharged on 20 July 1972 in the rank of Master Sergeant (E-8).  Subsequently, the applicant was placed on the Retired List in pay grade E-8 (Master Sergeant) on 15 March 1985, at the age of 60.   

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was promoted to pay grade E-8 (Master Sergeant) effective 18 December 1959.

7.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 shows that he served in a First Sergeant position, military occupational specialty (MOS)  11G50 (Infantry Senior Sergeant/First Sergeant) and that his principal duty assignment was “1st Sgt” [First Sergeant] from approximately 1961 through 
1 November 1968.

8.  Letter Order USAR 08-78343, dated 1 August 1969, (Subject: Award or Withdrawal of MOS) withdrew the applicant’s primary MOS of 11G50 and awarded him primary MOS 11F50 (Infantry and Operations Intelligence Specialist) as a member of the USAR Control Group (Reinforcement).  This letter was addressed to the applicant as “MSG” (Master Sergeant).

9.  On 2 July 1971 the Office of the Adjutant General, U.S. Army Administration Center notified the applicant (20 year letter) that he had completed the required years of service to be eligible for retired pay, upon application, at age 
60 (15 March 1985).  This letter shows his rank title as “MSG” (Master Sergeant). 

10.  Letter Orders Number 07-1241885, dated 19 July 1972, show the applicant was honorably discharged from the USAR in the rank of “MSG” (Master Sergeant) effective 20 July 1972.    

11.  Orders P-02-000688, dated 20 February 1985, show the applicant was retired and placed on the Retired List effective 15 March 1985 in the retired grade of Master Sergeant (E-8).

12.  DA Form 1577 (Authorization for Issuance of Awards), dated 3 March 2000, shows the National Personnel Records Center in St. Louis, Missouri, determined that the applicant was eligible for the Army of Occupation Medal (Germany Clasp), the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with  Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  These awards are not shown on his a WD AGO Form 53-55 (Enlisted Record and Report of Separation) at the time of his release from active duty on 2 February 1946.

13.  Army Regulation 600-200 (Enlisted Personnel Management System) prescribes policy and procedures for career management of Army personnel.  Chapter 2 (Personnel Classification), paragraph 2-42 (Lateral Appointments of Noncommissioned Officers (NCO)) states that NCO’s may be laterally appointed from one NCO rank to another within the same pay grade when change of duty requires.  Change of duty for E-8 requires lateral appointment to or from Master Sergeant or First Sergeant.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was laterally appointed from Master Sergeant to First Sergeant and that his records should reflect this rank.  However, evidence of record shows that the applicant’s MOS as a First Sergeant was withdrawn on 1 August 1969 and he was reassigned to the USAR Control Group (Reinforcement).  Subsequently, the applicant was discharged from the USAR and placed on the Retired List in the rank of Master Sergeant.  Therefore, in accordance with the governing regulation, the applicant was properly discharged in the rank of Master Sergeant.      

2.  The applicant is entitled to the Army of Occupation Medal (Germany Clasp), the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with  Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show these awards.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army of Occupation Medal (Germany Clasp), the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with  Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

FNE____  LEM____  HBO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000044988	
SUFFIX		
RECON		
DATE BOARDED	20001212	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720720	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	129.0500	
2.	107.0067	
3.	107.0108	
4.	107.0110	
5.	107.0109	
6.