PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:             14 April 1999  
	DOCKET NUMBER:     AR1999024849
	  AC98-07804 

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Wyman Bailey 		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff 		Chairperson	
	Mr. Thomas B. Redfern, III 		Member	
	Mr.  Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board. 

	The Board considered the following evidence:

Exhibit A - Application for correction of military records
Exhibit B - Military Personnel Records (including advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his separation document (DD Form 214) block 4 be corrected to show pay grade as E-8/first sergeant (1SG).

3.  The applicant states, in effect, that at the time of his retirement from the Army he did not have a copy of the order appointing him as a 1SG and that he performed all the duties and responsibilities while serving in that capacity.

4.  The applicant’s military records show that he was assigned the duties and responsibilities of the first sergeant (1SG) while holding the pay grade of E-7 with the 49th Explosive Ordnance Detachment (EOD), Fort Ord, California, from        21 December 1990 until on or about 1 October 1991.  He was promoted to pay grade E-8 on 1 October 1991 and served in the position of 1SG from 1 October 1991 to 12 February 1992 with the 144th EOD Fort Meade, Maryland.    

5.  He retired under the voluntary early retirement program on 31 July 1993 and his DD Form 214 in block 4 shows pay grade E-8.

6.  Army Regulation 635-200, Enlisted Personnel, provides in pertinent part, that noncommissioned officers holding the pay grade of E-8 (no minimum time period is specified) at retirement whose records show successful service as 1SG will be placed on the retired list in the grade title “first sergeant”. 

CONCLUSIONS:

1.   The applicant served in the capacity of a 1SG while assigned to the 49th EOD while he was holding the pay grade of E-7. 

2.   However, the applicant also served in the capacity of 1SG while assigned to the 144th EOD after his promotion to pay grade E-8.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that at the time of the retirement for the individual concerned he held the title of first sergeant.

BOARD VOTE:  

_KLW__  _TBR_  _AAO__  ____  ____  GRANT AS STATED IN RECOMMENDATION

____  ____  ____  ____  ____  GRANT FORMAL HEARING

____  ____  ____  ____  ____  DENY APPLICATION

		____________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-07804/AR1999024849	
SUFFIX		
RECON		
DATE BOARDED	19990414	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.		

S:  09 Jul 99

SFMR-RBR - 1st End (29 Apr 99, Docket Number AC98-07869/AR1999025343)
SUBJECT:  ABCMR Proceedings

HQDA, OASA, Arlington, Virginia  22202-4508                                  05 May 99

TO:  US Army Review Boards Agency Support Division - St. Louis
        ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri 63132-5200

1.  Under the authority of Title 10, United States Code, section 1552, the recommendation of the Army Board for Correction of Military Records is hereby approved, and it is directed that all of the Department of the Army records of the individual concerned be corrected as shown under Recommendation in the Proceedings of the Board in this case.

2.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 09 July 1999.  Further, request that the individual concerned and counsel, if any, as well as any members of Congress who have shown interest be advised of the correction and that the Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

Karl F. Schneider
Deputy Assistant Secretary
(Army Review Boards)

Encls 

CF:
Applicant
(   ) OMPF
(   ) SFMR/pmp
(   ) DFAS
(   ) Bailey