IN THE CASE OF: BOARD DATE: 4 August 2016 DOCKET NUMBER: AR20150011770 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 IN THE CASE OF: BOARD DATE: 4 August 2016 DOCKET NUMBER: AR20150011770 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. IN THE CASE OF: BOARD DATE: 4 August 2016 DOCKET NUMBER: AR20150011770 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) by amending his rank/grade from master sergeant (MSG) to first sergeant (1SG). 2. The applicant states, in effect: * his retirement order (Orders Number 151-0020) states his retired grade of rank is 1SG * he successfully completed assignments as a 1SG; the 1SG assignments were with two engineer companies during the periods August 1990 to August 1992 and March 1995 to October 1995, respectively * this error caused his rank to be incorrectly displayed on his retired identification care, in the Defense Enrollment Eligibility Reporting System, by the Defense Finance and Accounting Service, and the Department of Veterans Affairs 3. The applicant provides: * DD Form 214 for the period ending 9 August 1996 * Orders Number 151-0020, dated 30 May 1996 * DA Form 2-1 (Personnel Qualification Record - Part II) 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. The applicant enlisted in the Regular Army on 24 April 1974. He served continuously through extensions and reenlistments, and honorably retired on 9 August 1996. 3. His DD Form 214 lists his rank/grade as MSG/E-8. 4. His official military personnel file (OMPF) contains the following documents: a. DA Form 2-1, item 18 (Appointments and Reductions) shows the last listed rank is 1SG. b. DA Form 2A (Personnel Qualification Form - Part I), dated 3 May 1996, Section II (Qualification Data), item 1 (Grade/Code) states MSG/8. c. DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the rating period April 1995 through October 1995 shows his rank as 1SG. His principal duty was 1SG. d. DA Form 2166-7 for the rating period November 1995 through February 1996 shows his rank as MSG. His principal duty was Intelligence NCO. e. Meritorious Service Medal Award Certificate, dated 31 May 1996, for the period 10 August 1986 to 9 August 1996. His rank is listed as MSG. f. Orders Number 151-0019, dated 30 May 1996, issued by Headquarters, I Corps and Fort Lewis, reassigned the applicant to a U.S. Army Transition Point effective 10 August 1996. The standard name line (portion of an order that lists name, social security number, rank, and organization of the Soldier for whom the order is issued) shows his rank as MSG. g. Orders Number 151-0020, dated 30 May 1996, issued by Headquarters, I Corps and Fort Lewis, released the applicant from his assignment and duty because of physical disability to permit his retirement for permanent physical disability. His rank in the standard name line of the order is MSG. His retired grade of rank is shown as 1SG. h. Orders Number 156-0008, dated 4 June 1996, issued by Headquarters, I Corps and Fort Lewis, amended Orders Number 151-0019. The standard name line of the order stated his rank as MSG. i. Orders Number 169-0003, dated 17 June 1996, issued by Headquarters, I Corps and Fort Lewis, amended Orders Number 151-0020. The standard name line of the order stated his rank as MSG. REFERENCES: 1. Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures for the preparation of the DD Form 214. With regard to rank/grade, it states these entries are to show the rank and pay grade held at the time of separation. 2. Title 10, U.S. Code, section 1372 (Grade on Retirement for Physical Disability: Members of Armed Forces), states, unless entitled to a higher retired grade under some other provision of law, any member of the Armed Forces who is retired for physical disability will be place on the retired list at the highest grade or rank satisfactorily held. 3. AR 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-17 (Grade Title on Retired List of Former 1SG), states, noncommissioned officers hold the grade of MSG at retirement, whose records show successful service as 1SG, will be placed on the retired list in the grade title 1SG. To qualify, the Soldier must: * be serving in and retiring in the grade of MSG * possess special qualification identifier "M" (1SG) * served as 1SG in the rank of MSG; no minimum time period is specified DISCUSSION: 1. The applicant requests correction of his DD Form 214 for the period ending 9 August 1996 by amending the grade of rank listed from MSG to 1SG. a. By regulation, the DD Form 214 must show the grade of rank held at the time of separation. However, the grade of rank for the retired list is based on the highest grade of rank satisfactorily held. Additionally, there is specific regulatory guidance that permits Soldiers in the grade of rank of MSG at the time of retirement to be placed on the retired list as 1SG, based upon their satisfactory service in this position. b. The preponderance of the evidence supports the grade of rank held by the applicant at the time of separation was MSG. It also shows his satisfactory service as a 1SG. As such, it was correct to show his rank at retirement as MSG, and his placement on the retired list as 1SG. 2. Based on the foregoing, there does not appear to be an error and, as such, there is insufficient evidence to grant the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011770 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011770 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2