PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 March 2001
	DOCKET NUMBER:   AR2000049382

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. William D. Powers		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 his retired rank be changed to first sergeant (1SG).

3.  The applicant states, in effect, that he was a graduate of the United States Army 1SG course in 1989 and that on 1 May 1989 he was promoted to the pay grade of E-8 as a 1SG with the special qualification indicator (SQI) of “M”, which identifies members that qualified to perform duties as a 1SG.  In addition, he claims to have successfully served as a 1SG from May 1989 until October 1990 and that this correction is necessary because of his current employment as an Army instructor with the Reserve Officer Training Corps program. 

4.  The applicant’s military records show that on 31 July 1993, he was released from active duty (REFRAD), by reason of length of service retirement, after completing a total of 20 years and 27 days of active military service.  

5.  The applicant’s Department of the Army (DA) Form 2-1 (Personnel Qualification Record) shows, in block 17 (Military Schools), that he successfully completed the 1SG course at Fort Bliss, Texas in 1989, which resulted in his being awarded SQI “M.”  Block 18 (Appointments and Reductions) reveals that he was promoted to the rank and pay grade of master sergeant/E-8 (MSG/E-8) on 1 November 1989, that he was laterally appointed to 1SG on 12 February 1990, and that he was laterally appointed back to MSG on 4 October 1990.  

6.  Section VII (Current and Previous Assignments) of the DA Form 2-1 shows that the applicant successfully served in a 1SG position for a total of 16 months, from May 1989 until October 1990, ten months of which was served subsequent to his promotion to the pay grade of E-8.

7.  The Department of Defense (DD) Form 214 (Certificate of Release or Discharge from Active Duty) on file, which was issued to the applicant on the date of his separation, shows that he held the rank and pay grade of MSG/E-8 on the date he was REFRAD and was placed on the Retired List with that rank title. 

8.  Army Regulation 635-200 prescribes the policy for the separation of enlisted personnel of the Army.  Chapter 12 provides the policy and procedures pertaining to retirements for length of service.  Paragraph 12-17 (Grade Title on Retired List of former 1SGs) states, in pertinent part, that soldiers holding the grade of MSG/E-8 at retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the grade title of 1SG.  The criteria necessary for awarding 1SG as the retirement grade is that the solder must have possessed the SQI of “M” and must have served as a 1SG while holding the pay grade of E-8.  No minimum time served in the position is specified; however, time served as a 1SG while holding the pay grade E-7 does not meet the requirement. 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he should hold the rank and pay grade of 1SG/E-8 on the Retired List and, after a careful evaluation of the evidence of record, finds this claim has merit. 

2.  The evidence of record confirms that the applicant was awarded the SQI “M” and successfully served in a 1SG position for ten months after being promoted to the pay grade of E-8.  Therefore, the Board concludes that he meets the regulatory criteria for being placed on the Retired List in the rank and pay grade of 1SG/E-8.  

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 individual concerned was REFRAD and placed on the Retired List in the rank and pay grade of 1SG/E-8; in addition, to providing him a corrected separation document that reflects this change. 

BOARD VOTE:  

___fe ___  __rjw ___  ___wdp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049382	
SUFFIX		
RECON		
DATE BOARDED	2001/03/20	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1993/07/31	
DISCHARGE AUTHORITY	AR 635-200 C12	
DISCHARGE REASON	Retirement 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  803	144.9213	
3.		
4.		
5.		
6.