PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 August 2002
	DOCKET NUMBER:   AR2002073452

	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. Melinda M. Darby		Chairperson	
	Mr. Roger Able		Member	
	Mr. Curtis L. Greenway		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 qualified and served in the position of 1SG.  He also contends that he believes that his placement on the Retired List should have been in that grade title.  In support of his application, he submits a copy of his 1SG appointment orders.

4.  The applicant’s military records show that on 29 February 1980, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years, 2 months, and 16 days of active military service.

5.  The applicant’s record shows that he served in an authorized 1SG position in Germany with the 43rd Supply and Service Company.  In addition, Orders Number 66-44, dated 7 March 1978, issued by Headquarters, United States Army Regional Personnel Center, Wuerzburg, Germany, authorized the applicant’s lateral appointment to the grade of “First Sergeant.” 

6.   Orders Number 207-39, dated 24 October 1979, issued by Headquarters, 
Fort Devens, Fort Devens, Massachusetts, authorized the applicant’s REFRAD for the purpose of retirement on 29 February 1980.  It also directed his placement on the Retired List on 1 March 1980, in the rank and pay grade of MSG/E-8.

7.  Army Regulation 635-200, chapter 12, paragraph 12-17, currently 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 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 specifies 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 equity, 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 retired grade title of the individual concerned on the Retired List to “First Sergeant (1SG)”.  

BOARD VOTE:  

__MMD__  __RA__  __CLG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Melinda M. Darby___
		        CHAIRPERSON

INDEX

CASE ID	AR2002073452	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/20	
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.	144.9213	
2.		
3.		
4.		
5.		
6.