PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 June 2002
	DOCKET NUMBER:   AR2002067629

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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 his retired grade title as First Sergeant (1SG).

3.  The applicant states, in effect, that he was erroneously placed on the Retired List with the grade title of master sergeant (MSG) instead of his proper grade title of 1SG.  In support of his application, he submits the following documents: retirement orders; a certificate of appreciation, dated 31 December 1969; a certificate of retirement, dated 1 January 1970; 1SG appointment orders, dated 
5 June 1969; and a Bronze Star Medal award citation.

4.  The applicant’s military records show that on 31 December 1969, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 22 years, 8 months, and 2 days of active military service.  

5.  The applicant’s record shows that he served in an authorized 1SG position with Advance Team 9, III Corps, United States Military Assistance Command Vietnam.  In addition, the separation document (DD Form 214) issued to him on the date of his separation lists his grade title as 1SG. 

6.  Special Orders Number 156, dated 5 June 1969, issued by Headquarters, 
United States Military Assistance Command Vietnam, appointed the applicant to the permanent grade of 1SG/E-8.  

7.  Special Orders Number 210, dated 30 October 1969, issued by Headquarters, 
Department of the Army, authorized the applicant’s REFRAD for the purpose of retirement on 31 December 1969.  It also directed his placement on the Retired List on 1 January 1970, in the rank and pay grade of MSG/E-8.

8.  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 the applicant was appointed and successfully served in an authorized 1SG position.  It also confirms that he held and was placed on the Retired List in the rank and pay grade of MSG/E-8 in accordance with regulations in effect at the time.  

2.  However, current regulatory guidance mandates that members who hold the rank and pay grade of MSG/E-8 at retirement, whose records show successful service as a 1SG/E-8, are placed on the Retired List in the grade title “First Sergeant.”  Thus, the Board concludes that under current standards and in the interest of justice, it would be appropriate to correct the applicant’s record by changing his grade title on the Retired List to “First Sergeant” at this time. 

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 changing the grade title of the individual concerned on the Retired List to 
“First Sergeant (1SG)”.  

BOARD VOTE:  

     JLP          AAO           RKS       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Jennifer L. Prater
		        CHAIRPERSON

INDEX

CASE ID	AR2002067629	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/04	
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.	129.0500	
2.		
3.		
4.		
5.		
6.