MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 August 2003
	DOCKET NUMBER:   AR2003087386

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 he be placed on the Retired List as a first sergeant (1SG).

APPLICANT STATES:  That Army Regulation (AR) 635-200 states that Noncommissioned Officers (NCOs) holding the grade of master sergeant at the time of retirement, whose records show successful service as a first sergeant, will be placed on the Retired List in the grade and title of 1SG. 

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

He was promoted to the rank of master sergeant (E-8) in the Kansas Army National Guard (KSARNG) on 22 September 1991.

On 11 June 1996, orders were published which laterally appointed him to the rank of 1SG and awarded him the military occupational specialty (MOS) of 11B5M, effective 1 July 1996.

On 21 April 1998, orders were published which terminated his appointment as a 1SG and withdrew his MOS of 11B5M, effective 15 April 1998.  He was appointed to the rank of master sergeant and was awarded MOS 11B502S.

On 31 May 2002, he was honorably released from active duty and was placed on the Retired List in the rank of master sergeant effective 1 June 2002.  He had served 20 years and 29 days of total active service and his MOS at the time of separation was 11B50 and 11C50.

A review of his records shows that he served as a 1SG from June 1996 to April 1998.  There is no indication that he attended the 1SG course at the United States Army Sergeants Major Academy prior to or subsequent to his assignment as a 1SG. 

AR 635-200, paragraph 12-17, provides for the placement on the Retired List of former first sergeants.  It provides, in pertinent part, that noncommissioned officers holding the rank of master sergeant at retirement, whose records show successful service as a 1SG, will be placed on the Retired List in the rank of 1SG.  The only criteria for such placement on the Retired List is that the soldier must be serving in and retiring in the rank of master sergeant, they must possess the special qualification identifier (SQI) of "M" (1SG) and they must have served as a 1SG in the pay grade of E-8. 

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.  The evidence of record does show that the applicant served as a 1SG for approximately 2 years in the MOS pf 11B5M.  However, when he completed that assignment his SQI of "M" was withdrawn.

2.  While the evidence of record does not explain why the SQI was withdrawn, the applicant did not possess the SQI of "M" at the time of retirement and thus did not meet the regulatory requirements for placement on the Retired List in the rank of 1SG.

3.  Accordingly, he was properly placed on the Retired List in the rank of master sergeant. 

4.  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  __  __wdp __  __fcj ____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087386	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  338	136.000/RET RANK	
2.		
3.		
4.		
5.		
6.