PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:         12 December 2002
	DOCKET NUMBER:  AR2002077295

	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:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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 request, in effect, that his military records be corrected to show his retired rank title as First Sergeant (1SG).

3.  The applicant states, in effect, that he was erroneously placed on the Retired List with the rank title of master sergeant (MSG) instead of 1SG.  He states that prior to his retirement, he served as a 1SG for approximately twenty months in the Republic of Vietnam (RVN) and the Continental United States (CONUS).  In support of his application, he submits copies of the following documents:  Army Commendation Medal orders, citation, and certificate; Bronze Star Medal citation and certificate; retirement orders and certificate; and separation document 
(DD Form 214).  

4.  The applicant’s military records show that on 31 August 1969, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 21 years, 11 months, and 9 days of active military service.  

5.  The applicant’s Enlisted Qualification Record DA Form 20 confirms, in block 33 (Appointments and Reductions), that he was promoted to the rank and pay grade of master sergeant/E-8 (MSG/E-8) on 24 August 1966.  It also confirms in block 38 (Record of Assignments) that he served in an authorized 1SG position in Artillery Batteries at Fort Sill Oklahoma and in the RVN.  In addition, the separation document (DD Form 214) issued to him on the date of his separation lists his rank title as 1SG. 

6.  Special Orders Number 140, dated 23 July 1969, issued by Headquarters, 
Department of the Army, authorized the applicant’s REFRAD for the purpose of retirement on 31 August 1969.  It also directed his placement on the Retired List on 1 September 1969, in the rank and pay grade of MSG/E-8.

7.  The Army Commendation Medal award orders, citation, and certificate and  Bronze Star Medal award citation and certificate provided by the applicant list his rank title as 1SG.

8.  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 with the rank 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 was appointed and successfully served in an authorized 1SG position.  It also confirms that he held and was placed on the Retired List in the rank and pay grade of MSG/E-8 in accordance with regulations in effect at the time.  

2.  However, current regulatory guidance provides that members who hold the rank and pay grade of MSG/E-8 at retirement whose records show successful service as a 1SG/E-8 are placed on the Retired List in the rank title “First Sergeant.”  Given the current standards, the Board concludes that it would be appropriate, in the interest of equity, to correct the applicant’s record by changing his rank title on the Retired List to “First Sergeant” at this time.

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 changing the rank title of the individual concerned on the Retired List to 
“First Sergeant (1SG)”.

BOARD VOTE:  

__RWA__  __KYF___  __BPI__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Roger W. Able__
		    CHAIRPERSON

INDEX

CASE ID	AR2002077295	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/12	
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.