IN THE CASE OF:  

		BOARD DATE:  6 November 2020

		DOCKET NUMBER:  AR20200001116


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 30 September 2019, to show:

*	the rank listed in block 4a (Grade, Rate or Rank) as First Sergeant (1SG) instead 
of Master Sergeant (MSG); and    
*	the Legion of Merit (LOM) in block 13 (Decorations, Medals, Badges, Citations 
and Campaign Ribbons Awarded or Authorized) 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	2 DA Forms 4187 (Personnel Action)
*	DA Form 638 (Recommendation for Award)
*	A memorandum dated 5 December 2019
*	LOM certificate

FACTS:

1.  The Board will not consider adding the LOM as this item will be addressed through 
an administrative correction.

2.  The applicant enlisted in the Regular Army on 5 July 1994.

3.  On 17 April 2013, he was laterally appointed from the rank of MSG to the rank of 
1SG, while assigned to the 1SG position at Company B, 47th Combat Support Hospital, 
Joint Base Lewis-McChord, WA.

4.  Evidence shows on 10 March 2014, the applicant was assigned as a Medical 
Laboratory Noncommissioned Officer (NCO) for Company C, Brooke Army Medical 
Center, Fort Sam Houston, Texas, in the rank of MSG.  His subsequent, and last duty 
assignment was as Senior Medical Laboratory NCO, in the rank of MSG, to the 
Madigan Army Medical Center, Army Medical Department, Company C, Joint Base 
Lewis-McChord, WA.
5.  The applicant's record shows he held the special qualification identifier of "M."

6.  The applicant retired honorably on 30 September 2019.  The DD Form 214 he was 
issued at the time of his retirement lists his rank as MSG.  However, his retirement 
orders show his retired rank as 1SG.

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
stipulates that NCO's holding the rank of MSG at retirement whose records show 
successful service as a 1SG will be placed on the Retired List in the grade title of 1SG 
provided they hold the special qualification identifier of "M" and they are serving and 
retiring in the pay grade of E-8.  

8.  Army Regulation 635-8 (Separation Processing and Documents), establishes the 
policies and provisions for the preparation and distribution of the DD Form 214.  It states 
the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active 
service.  It provides a brief, clear-cut record of active Army service at the time of release 
from active duty, retirement, or discharge.  The regulation states to verify the active duty 
grade or rank and pay grade are accurate at the time of separation.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found partial 
relief is warranted.

2.  The Board concurred with the correction described in Administrative Note(s) below.

3.  The Board noted the applicant was placed on the Retired List in the grade title of 
1SG, but during his last assignment prior to retiring he held an MSG position.  As a 
result, in accordance with the regulation governing preparation of the DD Form 214, his 
DD Form 214 shows his grade as MSG.  The Board determined the grade shown on the 
applicant’s DD Form 214 is not an error and should not be changed.  




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 making the 
correction described in Administrative Note(s) below.

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 the applicant’s DD Form 214 to show his 
grade as First Sergeant.

		  
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.


ADMINISTRATIVE NOTE(S):  Permanent Order, dated 10 December 2019, is sufficient 
to administratively correct the applicant's DD Form 214 for the period ending on 30 
September 2019, by adding the LOM to his record without action by the Board.




REFERENCES:

1.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
paragraph 12-17 (Grade Title on Retired List of Former 1SG), prescribes policy and 
procedures for separation of enlisted personnel and stipulates that NCO's holding the 
rank of MSG at retirement whose records show successful service as a 1SG will be 
placed on the Retired List in the grade title of 1SG.  The following are the only criteria 
for such placement on the Retired List:

	a.  The Soldier must be serving in and retiring in pay grade E-8.

	b.  The Soldier must possess special qualification identifier "M."

	c.  The Soldier must have served as a 1SG in pay grade E-8.  No minimum time 
period is specified.  Service in the duty position of 1SG while in pay grade 
E-7 does not meet this requirement.

2.  Army Regulation 635-8 (Separation Processing and Documents), establishes the 
policies and provisions for the preparation and distribution of the DD Form 214.  It states 
the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active 
service.  It provides a brief, clear-cut record of active Army service at the time of release 
from active duty, retirement, or discharge.  The regulation states to verify the active duty 
grade or rank and pay grade are accurate at the time of separation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200001116


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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