MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            1 July 2003       
	DOCKET NUMBER:   AR2003087068

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen Y. Fletcher		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he retired as a First Sergeant.

APPLICANT STATES:  That he tried to tell the lady who outprocessed him that he could retire as a First Sergeant but she insisted he would have to retire as a Master Sergeant.  Now that he is getting closer to his death, he wants his family to remember him as a First Sergeant and his tombstone to read First Sergeant.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 8 April 1968.  He was promoted to Master Sergeant on 21 September 1985.  He completed the First Sergeant course and was awarded special qualification identifier "M" (First Sergeant qualified) effective 29 September 1986.  He was laterally appointed a First Sergeant effective        30 September 1987.  His DA Form 2-1 (Personnel Qualification Record) shows that he was laterally appointed back to Master Sergeant sometime after that.

The applicant retired on 1 May 1990.  U. S. Army Garrison, Fort Sheridan Orders 130-22 dated 7 July 1989 released from active duty and, on the date following, placed him on the retired list with a retired rank of Master Sergeant.  On               5 September 1989, those orders were amended to place him on the retired list as a First Sergeant.

The applicant's DD Form 214 for the period ending 30 April 1990 shows his rank as Master Sergeant.

Army Regulation 635-200 (Enlisted Personnel, Personnel Separations), chapter 12 states that noncommissioned officers holding the grade of Master Sergeant at retirement, whose records show successful service as a First Sergeant, will be placed on the retired list in the grade title First Sergeant.  The only criteria for such placement on the retired list are: (1) the soldier must be serving as, and retiring as, a Master Sergeant; (2) the soldier must possess special qualification identifier "M;" and (3) the soldier must have served as a First Sergeant as an E-8 (service as a First Sergeant while a Sergeant First Class, E-7 does not qualify).

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The Board acknowledges that the evidence of record shows the applicant met the eligibility criteria to have been placed on the retired list as a First Sergeant.  As his amended retirement orders reflect, he was placed on the retired list as a First Sergeant.

3.  However, the applicant was placed on the retired list effective 1 May 1990.  His DD Form 214 is meant to reflect his status as of his last day of active duty on 30 April 1990.  As of that date, he was a Master Sergeant.  Therefore, his DD Form 214 accurately reflects his rank as Master Sergeant.

4.  As regards his desires concerning his tombstone, the Board offers no objection to the Department of Veterans Affairs or a commercial company inscribing the applicant's tombstone to show his rank as First Sergeant.  That is his retired rank and would accurately reflect the highest rank he satisfactorily held.  

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__tsk___  __mhm___  __kyf___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003087068	
SUFFIX		
RECON		
DATE BOARDED	20030701	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	129.00	
2.		
3.		
4.		
5.		
6.