PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              12 August 2003
	DOCKET NUMBER:      AR2003087385

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the street address of his Home of Record (HOR) as "12542" instead of "1254."  He also requests correction of his DD Form 214 to show he retired as a First Sergeant (1SG). 

3.  The applicant states that his rank is listed as Master Sergeant (MSG) in Block 4a on his DD Form 214 but the highest rank he held was 1SG.  He contends that his address in Block 7a is also incorrect and that it should read "12542" not "1254."  He submitted a copy of his DD Form 214; his Noncommissioned Officer Evaluation Report (NCOER) covering the period September 1998 through August 1999; a Personnel Action Form requesting Special Qualification Identifier (SQI) "M" with endorsement approving award of SQI "M;" and his diploma from the U.S. Army First Sergeant Course.

4.  The applicant’s military records show that he enlisted in the Regular Army on 27 January 1982 at the Armed Forces Examining and Entrance Station located in Chicago, Illinois.  His DD Form 1966/1 (Application for Enlistment-Armed Forces of the United States) indicates that he was residing at the address "12542" during his enlistment processing.  He underwent a medical examination prior to his enlistment.  His Report of Medical Examination shows his home address as "12542."

5.  The applicant reenlisted on 4 September 1985, 11 April 1989, 19 December 1991, 16 June 1995, and 22 July 1997.  At the time of his reenlistments, his HOR remained the same as listed on his initial enlistment contract.

6.  The applicant was promoted to MSG on 1 May 1998.  He completed the First Sergeant course and was awarded SQI "M" effective 18 August 1998.  

7.  The applicant's NCOER covering the period September 1998 through August 1999 shows he served as a 1SG during this period.

8.  The applicant's NCOERs covering the periods September 1999 through August 2000 and September 2000 through August 2001 show his rank as MSG.

9.  The applicant retired on 31 January 2002.  Headquarters, United States Army, Europe Orders 075-03 dated 16 March 2001 released him from active duty and, on the date following, placed him on the retired list with a retired rank of MSG.  There is no evidence of record which shows that these orders were amended.

10.  The applicant's DD Form 214 shows his rank as MSG.

11.  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.  In pertinent part, it directs that the HOR at time of entry will be entered in Block 7b of the DD Form 214.  This regulation states that the street, city, state and zip code will be entered.  HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty.  The place recorded as the home of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than one full day.  

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

CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 27 January 1982.  At that time, the street address of his HOR was recorded as "12542."

2.  During the applicant's reenlistments, his HOR remained the same as recorded on his initial enlistment contract.  However, his DD Form 214 incorrectly shows his address as "1254" in Block 7b.  

3.  Based on the foregoing, it appears that an administrative error has occurred in this case and it would be appropriate to correct Block 7b on the applicant's DD Form 214 to show the street address of his HOR as "12542."

4.  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 1SG.  However, his DD Form 214 is meant to reflect his status as of his last day of active duty on 31 January 2002.  As of that date, he was a MSG.  Therefore, his DD Form 214 accurately reflects his rank as MSG.

5.  His retirement orders reflect he was placed on the retired list as a MSG effective 1 February 2002.  However, the Board has determined that, in accordance with the governing regulation, it would be appropriate to amend the applicant's retirement orders to show he was placed on the retired list with a retired rank of 1SG with an effective date of 1 February 2002.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by amending Block 7b on the applicant's DD Form 214 to show the street address of his HOR as "12542" in lieu of "1254"; and

b.  by amending Headquarters, United States Army Orders, Europe  Number 075-03, dated 16 March 2001 to show he was placed on the retired list with a retired rank of 1SG effective 1 February 2002.

2.  That so much of the application as it relates to correction of his DD Form 214 to show he was retired in the rank of 1SG be denied.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087385	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030812	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.