IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160017241 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: 19 September 2018 DOCKET NUMBER: AR20160017241 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: 19 September 2018 DOCKET NUMBER: AR20160017241 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, in effect, correction of item 4a (Grade, Rate, or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 March 2013 to read command sergeant major (CSM) instead of sergeant major (SGM). 2. The applicant states, in effect, the Defense Finance and Accounting Service (DFAS) shows the rank on his Retirement Account Statements as SGM instead of CSM. He was appointed to the rank of CSM on 5 March 2009. Although he was no longer a CSM upon his retirement in August 2013, he believes he still should have remained a CSM in their database. 3. The applicant provides: * a memorandum * U.S. Government Geneva Conventions Identification Card * Orders 061-0320 * Orders 062-0329 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 13 March 1984. 3. The applicant was promoted to the rank/grade of SGM/E-9 effective 1 November 2006. 4. The applicant was laterally appointed to the rank/grade of CSM/E-9 effective 5 March 2009. 5. Evidence shows he served honorably as a CSM with the 10th Mountain Division, Fort Drum, NY. 6. Upon his arrival to Headquarters, Joint Readiness Training Center and Fort Polk, Fort Polk, LA, he served as the Assistant Chief of Staff, G4 SGM. 7. Headquarters, Joint Readiness Training Center and Fort Polk, Fort Polk, LA, Orders 061-0320, dated 2 March 2015, released him from active duty effective 30 March 2016 and placed him on the Retired List on the following day. His retired rank is shown as SGM. 8. Headquarters, Joint Readiness Training Center and Fort Polk, Fort Polk, LA, Orders 062-0329, dated 3 March 2015, amended Orders 061-0320, dated 2 March 2015 by amending his retired rank to CSM. 9. On 31 March 2016, the applicant retired honorably due to length of service. Item 4a of the DD Form 214 he was issued upon his retirement shows his rank as SGM. Evidence shows he retired after 32 years and 11 days of active service. Item 18 (Remarks) contains the entry, "RETIRED LIST GRADE CSM." REFERENCES: Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. a. Paragraph 5-6d, Block 4 (Grade, Rate or Rank) states to verify the active duty grade or rank and pay grade are accurate at time of separation. b. Paragraph 5-6r(3), Block 18 states to use this block for Headquarters, Department of the Army mandatory requirements when a separate block is not available. c. Paragraph 5-6r(3)(k), Block 18 states for enlisted Soldiers or warrant officers retiring after completing 30 or more years of active military service, specify the grade (indicated in the retirement order) to which the Soldier will be advanced on the retired list per 10 United States Code 3964. Enter "RETIRED LIST GRADE" (specify the appropriate grade). DISCUSSION: 1. The applicant served honorably as a CSM. Therefore, he was entitled to be placed on the Retired List in the rank of CSM. His amended retirement orders show his retired rank as CSM and this information is listed in item 18 of his DD Form 214. 2. The applicant retired for length of service with an effective date of retirement of 31 March 2016. On 31 March 2016, the date of his separation, he was serving as an SGM. Therefore, the entry SGM in item 4a of his DD Form 214 is correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017241 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017241 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2