IN THE CASE OF: BOARD DATE: 30 October 2014 DOCKET NUMBER: AR20140002837 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1987 to show: a. he retired as a first sergeant (1SG); and b. award of the Meritorious Service Medal (MSM). 2. The applicant states: * his retired rank was changed to 1SG, effective 9 June 1987 * he was awarded the MSM after his discharge * he wants his rank changed in the Defense Enrollment Eligibility Reporting System so he can get a new identification card with the proper rank 3. The applicant provides: * amendment orders, dated 26 August 1987 * MSM orders and award certificate * DD Form 214 for the period ending 30 September 1987 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 31 August 1960. He remained on active duty through continuous reenlistments. 3. Promotion orders, dated 1 February 1982, show he was promoted to the rank/grade of master sergeant (MSG)/E-8 effective 1 March 1982 with a date of rank of 10 February 1982. 4. His DA Form 2-1 (Personnel Qualification Record – Part II) shows: * he was appointed to 1SG effective 4 June 1982 * he was appointed to MSG effective 1 December 1982 * his principal duty was 1SG from 1 June 1982 to 13 January 1983 5. His retirement orders, as amended, show: * his grade of rank as MSG * his retired grade of rank as 1SG 6. On 30 September 1987, he retired in the rank of MSG. 7. His DD Form 214 for the period ending 30 September 1987 shows in: * item 4a (Grade, Rate, or Rank) – "MSG" * item 4b (Pay Grade) – "E8" * item 12h (Effective Date of Pay Grade) – "82  03  01 [1 March 1982]" 8. This DD Form 214 does not show the MSM as an authorized award. 9. He provides Headquarters, U.S. Army Health Services Command, Permanent Orders 74-3, dated 2 October 1987, which show he was awarded the MSM. 10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It also established standardized policy for preparation of the DD Form 214. It stated, for item 4a, enter the active duty rank at the time of separation. DISCUSSION AND CONCLUSIONS: 1. Retirement orders in the applicant's records show he was serving in the rank of MSG at the time of his separation. Therefore, the rank of MSG is properly shown on his DD Form 214 for the period ending 30 September 1987. These orders also show he was placed on the Retired List in the rank of 1SG. Showing his amended retirement orders to his Identification Card Issuing Facility should be enough to get a new identification card showing his retired rank as 1SG. 2. Orders show he was awarded the MSM. Therefore, his DD Form 214 for the period ending 30 September 1987 should be corrected to show this medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ___X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the MSM to his DD Form 214 for the period ending 30 September 1987. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 for the period ending 30 September 1987 to show he retired in the rank of 1SG. _______ _ 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) AR20140002837 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002837 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1