PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 September 2002
	DOCKET NUMBER:   AR200206909

	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. Donald P. Hupman, Jr.		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 the military records of her deceased husband, a former service member (FSM), be corrected to read the grade title of command sergeant major (CSM).   

3.  The applicant states, in effect, that the FSM was among the original group of sergeants major (SGM) who were selected for entry into the CSM Program by Department of the Army.  In support of her application, she submits a certificate of death and a picture of the FSM at a ceremony where he received his new CSM chevron.  

4.  The FSM’s military records show that on 30 June 1968, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 26 years, 3 months, and 18 days of active military service. 

5.  The separation document (DD Form 214), issued to and signed by the FSM on the date of his separation, confirms that at that time, he held the rank of sergeant major (SGM) and that he was serving in military occupational specialty (MOS) 11G (Infantry Senior Sergeant).  

6.  Special Orders Number 96, dated 15 May 1986, issued by Headquarters, 
Department of the Army, authorized the FSM’s REFRAD for the purpose of retirement on 30 June 1968.  It also directed his placement on the Retired List on 1 July 1968, in the rank and pay grade of SGM/E-9.

7.  During the processing of this case, a member of the Board staff obtained a copy of Department of the Army (DA) Circular 611-31, dated 8 January 1968, Subject:  Command Sergeants Major.  This circular announced the list of those sergeants major who were selected for entry into the CSM Program and were awarded the military occupational specialty (MOS) 00Z50, which was the MOS designated to identify a CSM, effective 1 February 1968.  The FSM’s name was included in this selection list.  

8.  Army Regulation 625-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 contains the policy and procedures for retirement and states, in pertinent part, that enlisted members are placed on the Retired List in the rank and pay grade they hold on the date of their REFRAD, unless entitled to a higher grade under some other provision of law.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the FSM’s military records should be corrected to show his grade title as CSM vice SGM, as is currently recorded, and it finds this claim has merit.

2.  By law, enlisted members are placed on the Retired List in the rank and pay grade they hold on the date of their REFRAD, unless entitled to a higher grade under some other provision of law.  The evidence of record confirms that the FSM was appointed to the grade title of CSM and was awarded MOS 00Z50, effective 1 February 1968, and that he served successfully in that grade title and MOS until his REFRAD for the purpose of retirement on 30 June 1968.  Thus, the Board concludes it would be appropriate to correct the FSM’s record by changing his grade title to “CSM” and his MOS to 00Z50 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 to “Command Sergeant Major (CSM)” and his military occupational specialty (MOS) to 00Z50; and by issuing the applicant a correction to the DD Form 214 of the FSM that reflects these changes.  

BOARD VOTE:  

__JNS__  __DPH___  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___   John N. Slone       _
		        CHAIRPERSON

INDEX

CASE ID	AR2002069609	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/12	
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.