BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160001593 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160001593 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. BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160001593 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she retired in the rank of first sergeant (1SG). 2. The applicant states: a. she served as a 1SG for HSB, 59th Ordnance Brigade, Pirmasens, Germany from 31 August 1990 through 31 August 1991, and would like to be recognized for this service and that her rank of 1SG be identified on her retirement records; b. she attached orders reflecting her lateral appointment from master sergeant (MSG) to 1SG and from 1SG back to MSG as evidence. Her retirement orders from Fort McClellan, dated 20 February 1993, indicate her rank as a 1SG; c. her DD Form 214 indicates she attended the U.S. Army 1SG Course in February 1990, prior to her appointment as a 1SG; d. there was a clerical error and a lack of training at the Retirement Services Office (RSO) at Fort McClellan, AL, which led to the incorrect preparation of her DD Form 214. She is not a personnel specialist and assumed that the grade placed on her DD Form 214 by the RSO was correct; and e. she has recently researched this matter after discussing this issue with fellow retirees, and now understands that a mistake was made on her DD Form 214. She was unaware that she was able to have her DD Form 214 corrected before now. 3. The applicant provides: * Orders 243-6, dated 31 August 1990 * DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the rated period June 1990 through December 1990 * Orders 235-07, dated 23 August 1991 * Orders 051-00202, dated 20 February 1993 * DD Form 214 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. On 13 September 1972, the applicant enlisted in the U. S. Army Reserve (USAR) delayed entry program (DEP) and subsequently enlisted in the Regular Army on 27 November 1972. 3. Order Number 32-10, issued by U.S. Total Army Personnel Command, Alexandria, VA, on 26 February 1990, promoted her to the grade/rank of MSG/E-8 with an effective date and date of rank of 1 April 1990. 4. Orders 243-6, issued by 381st Personnel Service Company, on 31 August 1990 directed the applicant’s lateral appointment from MSG to 1SG, pursuant to chapter 2, Army Regulation 600-200 (Enlisted Personnel Management System). 5. Her DA Form 2-1 (Personnel Qualification Record), item 35 (Record of Assignments) shows she was assigned as a 1SG to Headquarters and Headquarters Company (HHC), 59th Ordnance Brigade, Germany from 8 August 1990 to 10 October 1991. 6. The applicant provides an NCOER issued by HHC, 59th Ordnance Brigade, Germany, for the rated period June 1990 through December 1990, which shows the following information: * Part Ic (Administrative Data – Rank) – 1SG/E-8 * Part IIIa (Duty Description (Rater) – Principal Duty Title) – First Sergeant 7. Orders 235-07, issued by 381st Personnel Service Company, on 23 August 1991, show the applicant’s lateral appointment from MSG to 1SG was terminated on 31 August 1991, pursuant to Army Regulation 600-200, paragraph 2-42 (Lateral Appointments of NCO). 8. Item 35 of her DA Form 2-1 shows she served in the following duty assignments: a. 8 August 1990 to 10 October 1991 – HHC, 59th Ordnance Brigade, Germany, in the grade/rank of 1SG/E-8. b. 11 October 1991 to 11 March 1992 – 200th Theater Army Material Management Center (TAMMC), Germany, as the Material Management NCO, in the grade/rank of MSG/E-8. c. 12 March 1992 to 19 March 1992 – Enroute to the U.S. 9. The applicant was assigned to HHC, Tactics Certification Course (TCC) at Fort McClellan, AL as the Material Management NCO from 20 March 1992 to 31 May 1993. Although the applicant’s record is void of an NCOER indicating her rank for this period, her record does provide a DA Form 2339 (Application for Voluntary Retirement), which contains the entry MSG/E-8 in item 5 (Current Grade, Pay Grade, and MOS). This entry reflects her grade/rank prior to her retirement. 10. Orders 051-00202, issued by U.S. Army Chemical and Military Police Centers and Fort McClellan, Fort McClellan, AL, on 20 February 1993, directed the applicant’s release from active duty and placement on the Retired List effective 31 May 1993. These orders reflect her current rank as MSG and show she was placed on the Retired List in the rank/grade of 1SG/E-8. 11. The applicant was retired on 31 May 1993. Her DD Form 214 shows the following information: * item 4a(Grade, Rate, or Rank) – MSG * item 4b (Pay Grade) – E8 * item 18 (Remarks) – "US ARMY FIRST SERGEANT COURSE 5 WK FEB 90" REFERENCES: 1. Army Regulation 600-200, paragraph 2-42, dated 17 October 1990, states, NCOs may be laterally appointed from one NCO grade/rank to another within the same pay grade when change of duty requires. Change of duty for E-8 requires lateral appointment to or from MSG for 1SG. For lateral appointment for E-8, orders will include date of rank, which is unchanged. 2. Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), paragraph 12-17 (Grade title on retired list of former 1SGs) states that NCOs holding the rank/grade of MSG/E-8, at retirement, whose records show successful service as 1SG/E-8, will be placed on the retired list in the rank title 1SG. The following are the only criteria for such placement on the retired list: * Soldier must be serving in, and retiring in the grade of E8 * Soldier must possess SQI "M" * Soldier must have served as a 1SG in pay grade E8 (no minimum time period is specified) 3. 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 preparation of the DD Form 214. It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It stated for items 4a and 4b to enter the active duty rank and pay grade held at the time of the Soldier's separation. DISCUSSION: 1. The evidence shows the applicant was promoted to pay rank/grade of MSG/E-8, completed the 1SG course, received a lateral appointment as a 1SG, and served in that position from 8 August 1990 to 10 October 1991; however, her lateral appointment was terminated upon completion of her assignment. 2. The applicant transferred to Fort McClellan, AL as the Material Management NCO, serving in a MSG/E-8 position until the date of her retirement. As such, she met the criteria to be retired, meaning, placed on the retired list, in the rank of 1SG. 3. The applicant requested to have her DD Form 214 corrected to list her rank as a 1SG instead of a MSG. Her DD Form 214 is correct as prepared in accordance with Army Regulation 635-5, in that, the DD Form 214 correctly reflects her current rank on the last day of her active duty service. 4. At the time of her retirement, she was a MSG; therefore, her DD Form 214 accurately reflects her rank. There is no provision under Army Regulation 600-200, paragraph 2-42, to amend her DD Form 214 unless she was actively serving as a 1SG at the time, which does not appear to be the case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001593 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001593 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2