PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 August 2002
	DOCKET NUMBER:   AR2002074691

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg		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, in effect, that his military records be corrected to show he retired with the rank title of First Sergeant (1SG).

3.  The applicant states, in effect, that he served in an authorized 1SG position and was laterally appointed from master sergeant (MSG) to 1SG.  He also states that he received an excellent evaluation and performed his duties as a 1SG in an outstanding manner.  He claims this should support changing his retired rank title to 1SG.  In support of his application, he submits the following documents: Personnel Action Request (DA Form 4187); Noncommissioned Officer Evaluation Report (NCOER-DA Form 2166-7); and Recommendation For Award 
(DA Form 638-1).

4.  The applicant’s military records show that on 31 October 1996, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years and 24 days of active military service.  

5.  The applicant’s record shows that he served in an authorized 1SG position with D Company, 58th Transportation Battalion, Fort Leonard Wood, Missouri.  The separation document (DD Form 214) issued to the applicant on 31 October 1996, the date of his separation, lists his military occupational specialty (MOS) as 51Z5M in Item 11 (Primary Specialty).  The M contained in the fifth character of this MOS is the Skill Qualification Identifier (SQI) used to identify a member as a qualified 1SG.

6.  Orders Number 305-301, dated 1 November 1995, issued by Headquarters, 
United States Army Engineer Center, Fort Leonard Wood, Missouri, authorized the applicant’s REFRAD for the purpose of retirement on 31 October 1996.  It also directed his placement on the Retired List on 1 November 1996, in the rank and pay grade of MSG/E-8.

7.  Army Regulation 635-200, chapter 12, paragraph 12-17, specifies that noncommissioned officers holding the rank and pay grade of MSG/E-8 at retirement, whose records show successful service as a 1SG/E-8, will be placed on the Retired List in the grade title “first sergeant.”  It also specifies, among other things, that in order to be placed on the Retired List as a 1SG, a soldier must be serving in and retiring in the pay grade E-8.

CONCLUSIONS:

1.  The evidence of record shows the applicant successfully served in an authorized 1SG position and was awarded the SQI M accordingly.  It also confirms that he held and was placed on the Retired List in the rank and pay grade of MSG/E-8, which is the rank and pay grade in which he was serving at the time.  
2.  By regulation, members who hold the rank and pay grade of MSG/E-8 at retirement, whose records show successful service as a 1SG/E-8, will be placed on the Retired List in the rank title “first sergeant.”  Therefore, the Board concludes the applicant’s record should be corrected to show he was placed on the Retired List as a 1SG/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 the individual concerned was placed on the Retired List on 
1 November 1996, with the rank title of 1SG (First Sergeant).

BOARD VOTE:  

__MKP__  __CJP __  _ _HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	A2002074691	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/29	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.0500	
2.		
3.		
4.		
5.		
6.