PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           25 September 2001
	DOCKET NUMBER:   AR2001059471

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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 military records be corrected to show he retired in the rank of First Sergeant (1SG).

3.  The applicant states he held and satisfactorily served in the rank of 1SG while in Vietnam and that he believes he should have been placed on the Retired List in that rank.  In support of his application, he submits a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

4.  The applicant’s military records show that on 31 December 1968, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 22 years, 7 months, and 14 days of active military service.  The DD Form 214 issued to and signed by the applicant on the date of his separation confirms that on that date he held the rank and pay grade of master sergeant/E-8 (MSG/E-8).

5.  The applicant’s record shows that on 8 June 1966, he was promoted to the rank and pay grade of MSG/E-8.  On 11 October 1966, while serving in Vietnam, he was laterally appointed to the rank of 1SG and served in that capacity with the 150th Transportation Detachment and the 175th Aviation Company.  This lateral appointment was terminated and he reverted back to the rank of MSG on 
12 January 1968, when he arrived at his next assignment at Fort Eustis, Virginia. 

6.  The applicant requested and received approval to retire for length of service effective 31 December 1968, under the provisions of chapter 12, Army Regulation 635-200.  Accordingly, on 31 December 1968, he was REFRAD, and on the following day, 1 January 1969, he was placed on the Retired List in the rank and pay grade of MSG/E-8.

7.  Army Regulation 635-200, chapter 12, paragraph 12-17, specifies that noncommissioned officers holding the rank and pay grade of MSG/E-8 at retirement, whose records show successful service as a 1SG/E-8, will be placed on the Retired List in the grade title “first sergeant.”  It also specifies, among other things, that in order to be placed on the Retired List as a 1SG a soldier must be serving in and retiring in the pay grade E-8.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was placed on the Retired List in the rank and pay grade of MSG/E-8, which was the rank and pay grade in which he was serving at the time.  

2.  However, by regulation, members who hold the rank and pay grade of MSG/E-8 at retirement, whose records show successful service as a 1SG/E-8, will be placed on the Retired List in the grade title “first sergeant.”  Therefore, the Board concludes the applicant’s record should be corrected to show he was placed on the Retired List in the rank of 1SG.

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 the individual concerned was placed on the Retired List on 1 January 1969, with the rank title of 1SG (First Sergeant).

BOARD VOTE:  

__JNS___  ___LE__  __REB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059471	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200/09/25	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	136.00	
3.		
4.		
5.		
6.