PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:   	   16 May 2002		 
	DOCKET NUMBER:   AR2002069903

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 his records be corrected to show retirement as first sergeant (1SG), pay grade E-8.

3.  The applicant states that he retired after 25 years of service in the permanent rank of 1ST SGT (1SG), pay grade E-8.  He contends that his records also show he only served for 20 years and was retired in the rank of master sergeant, pay grade E-8.

4.  The applicant’s military records show that during the period 20 January 1940 to 20 March 1962, the applicant had completed 21 years and 6 days in the Regular Army and 1 year and 23 days in the Enlisted Reserve.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his Grade, Rate or Rank as “1ST SGT(T)(E-8)” with a Date of Rank of 9 May 1960. 

5.  On 21 March 1962, he reenlisted for his own vacancy for 6 years.

6.  On 27 August 1962, he was appointed to the rank of “First Sergeant (E-8) Permanent.”

7.  His DA Form 20 (Enlisted Qualification Record) shows that between December 1946 and March 1962, he served as a 1SG for 184 months.

8.  During the period 21 March 1962 and 2 June 1964, he served as the 1SG of a unit in Germany.

9.  During the period 3 June 1964 to 31 October 1965, he served in the rank of master sergeant, pay grade E-8 as the Chief Enlisted Advisor to the Utah Army National Guard. 

10.  On 31 October 1965, he was honorably separated in the rank of master sergeant, pay grade E-8 and placed on the Retired List on 1 November 1965.  His DD Form 214 shows he had 24 years, 7 months and 16 days of active Federal service and 25 years, 8 months and 9 days total service.

11.  Army Regulation 635-200 specifies “Noncommissioned officers holding the grade of master sergeant, E8, at retirement, whose records show successful service as first sergeant, E8, will be placed on the retired list in the grade title “first sergeant.”  It also specifies, among other things, the soldier must be serving in and retiring in pay grade E-8.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant held the position and rank of 1SG, in pay grades E-7 and E-8, for over 17 years of his career and his record should be corrected to show he retired as a 1SG.
2.  The evidence also shows that he had 24 years, 7 months and 16 days of active Federal service and 25 years, 8 months and 9 days total service, and that there is no error or injustice.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show the individual concerned was separated from active duty and placed on the Retired List on 1 November 1965 in the rank of 1SG, pay grade   E-8.

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

BOARD VOTE:  

_fne____  _pm_____  __rwa___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069903	
SUFFIX		
RECON		
DATE BOARDED	20020616	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	A92.12	
2.		
3.		
4.		
5.		
6.