IN THE CASE OF:	  

		BOARD DATE:	  31 July 2012

		DOCKET NUMBER:  AR20120001959 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as first sergeant (1SG).

2.  He states his retirement orders state his retirement rank should be 1SG.

3.  He provides Headquarters, Fort McPherson, Orders 228-0001 and his Enlisted Record Brief (ERB).

CONSIDERATION OF EVIDENCE:

1.  His military records show he enlisted in the Regular Army on 14 July 1989.

2.  Orders 134-6, dated 14 May 2007, published by the U.S. Army Human Resources Command (HRC), promoted him to the rank of master sergeant (MSG) effective 1 June 2007.

3.  His DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the rating period 1 February 2007 through 31 January 2008 shows his rank as 1SG with a date of rank of 1 June 2007.

4.  His DA Form 2166-8 for the rating period 1 February 2008 through 31 January 2009 shows his rank as MSG.

5.  His ERB, dated 18 February 2011, shows he was assigned to a 1SG position during the period 7 June 2007 to 17 April 2008.  It further shows he was reassigned to a MSG position for the remainder of his service.

6.  The HRC Integrated Web Services (IWS) database; his DD Form 214; his ERB; and Headquarters, Fort McPherson Orders 228-0001, dated 16 August 2010 show his rank as MSG.

7.  Headquarters, Fort McPherson, Orders 228-0001 and the remarks section of his DD Form 214 state his retired rank is 1SG.

8.  His records maintained in the interactive Personnel Electronic Records Management System do not contain orders laterally appointing him to 1SG or back to MSG.

9.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  It states to enter the active duty grade or rank at the time of separation from the Soldier's ERB.

DISCUSSION AND CONCLUSIONS:

1.  He is correct in that his records show his retired rank as 1SG.

2.  There are no available orders showing when he was laterally appointed to 1SG or back to MSG.

3.  Army Regulation 635-5 states the DD Form 214 will show the active duty grade or rank held at the time of separation.  DA Forms 2166-8, his ERB, and numerous other documents in his records show he served as an MSG from approximately 18 April 2008 until his retirement in 2011.  His DD Form 214 and retirement orders show his rank as MSG.  As such, his rank as shown on his DD Form 214 is correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________x____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120001959



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ABCMR Record of Proceedings (cont)                                         AR20120001959



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