IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016866 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016866 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 amending Orders 95-78, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK on 5 April 1979, to show his retired rank as first sergeant (1SG). 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 correcting the applicant's DD Form 214, for the period ending 30 September 1979, to show he was separated in the rank of 1SG. _____________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 April 2017 DOCKET NUMBER: AR20150016866 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 (Report of Separation from Active Duty), for the period ending 30 September 1979, to show he was separated in the rank of first sergeant (1SG) instead of master sergeant (MSG). 2. The applicant states he was awarded the skill qualification identifier (SQI) "M" in 1977 and he served as a 1SG from May 1977 to January 1979. During his last assignment prior to retirement, he was assigned as the acting Sergeant Major, Consolidated Military Personnel Division, Fort Sill, OK, which required his rank to revert, via lateral appointment, from 1SG to MSG. He believes the highest rank he held during his active duty service was 1SG/E-8. 3. The applicant provides his DD Form 214, for the period ending 30 September 1979, and his 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 28 September 1959. He continued to serve through a series of reenlistments and was promoted to the rank/grade of MSG/E-8 on 15 October 1975. 3. Orders 286-129, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK on 13 October 1977, awarded the applicant SQI "M." 4. Orders 350-64, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK on 16 December 1977, directed the applicant's lateral appointment to 1SG. 5. The applicant's Senior Enlisted Evaluation Report, for the period March-September 1978, shows he was rated as a 1SG and he met or exceeded his duty requirements. 6. Orders 254-93, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK on 11 September 1978, terminated the applicant's appointment as a 1SG and laterally appointed him to the rank of MSG. 7. Orders 95-78, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK on 5 April 1979, directed the applicant's release from active duty and placement on the Retired List effective 30 September 1979. These orders show he was placed on the Retired List in the rank of MSG. 8. The applicant was retired on 30 September 1979. Block 6a (Grade, Rate or Rank) of his DD Form 214, for the period ending 30 September 1979, shows he was separated in the rank of MSG. REFERENCES: 1. Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), paragraph 12-17 (Grade title on retired list of former first sergeants) states that noncommissioned officers holding the rank/grade of MSG, E8, at retirement, whose records show successful service as 1SG, E8, will be placed on the retired list in the rank title 1SG. The following are the only criteria for such placement on the retired list: * Soldier must be serving in, and retiring in the grade of E8 * Soldier must possess SQI "M" * Soldier must have served as a 1SG in pay grade E8 (no minimum time period is specified) 2. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214 and states that for block 4 (Grade, Rate or Rank) the active duty grade or active duty rank and pay grade at the time of separation will be entered. DISCUSSION: 1. The evidence shows the applicant was promoted to pay grade E-8, was awarded SQI "M," was appointed to the rank of 1SG, and successfully performed 1SG duties; however, his retirement orders show he was placed on the Retired List in the rank of MSG. It appears he met the eligibility criteria for placement on the Retired List in the rank of 1SG. 2. However, he was serving in the rank of MSG at the time of retirement. His DD Form 214 is meant to reflect his status as of his last day of active duty. As of that date, he held the rank of MSG. Therefore, his DD Form 214 accurately reflects his rank as MSG during his last day of active service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016866 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016866 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2