ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170002453


APPLICANT REQUESTS: that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank at retirement was first sergeant (1SG) rather than master sergeant (MSG)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* NGB Form 22 (National Guard Bureau Report of Separation and Record of Service)
* Three sets of orders
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he served as a 1SG from 15 June 2000 through 1 October 2003 and was laterally appointed back to 1SG on 30 January 2007, one day prior to his retirement.  

3.  The applicant provides:

     a.  Orders 167-033, dated 15 June 2000, showing he was laterally appointed to 1SG effective 1 January 2000, which was also his date of rank, and that his MSG grade of rank was terminated.  

     b.  Orders 273-014, dated 30 September 2003, showing he was laterally appointed to MSG with an effective date of 1 October 2003 which terminated his 1SG grade of rank.


     c.  Orders 311-040, dated 7 November 2006, showing he was laterally appointed to 1SG with an effective date of 30 January 2007.

     d.  An NBG Form 22 with an effective date of 31 January 2007.  The form shows:

* item 5a (Rank), 1SG
* item 5b (Pay Grade), E-8
* item 6 (Date of Rank), 1 January 2000
* item 18 (Remarks), includes the notation that applicant served on Active Duty in the Active Guard Reserve from 8 June 1987 to 31 January 2007 and was being transferred into the United States Army Reserve Control Group (Retired Reserve) for completion of his remaining contractual obligation 

     e.  A DD Form 214, dated 31 January 2007, honorably retiring him for length of service.  Item 4a (Grade, Rate or Rank) reflects MSG.

4.  A review of the applicant’s service record shows:

     a.  Having had prior service in the United States Marine Corps, he enlisted in the Army National Guard on 20 May 1983.

     b.  He was promoted to MSG/E-8 on 1 January 2000.  His last duty assignment was Operations Sergeant.  

5.  By regulation, noncommissioned officers who apply for transfer to the Retired Reserve before age 60 may be laterally appointed to their formerly held grades concurrent with their separation from the State and assignment.  A former 1SG who is a MSG will be reappointed and assigned to the Retired Reserve as 1SG, provided the Soldier was not relieved for cause or the promotion was not revoked.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  The applicant was laterally appointed to 1SG on 1 January 2000, and retired on 31 January 2007.  Additionally, the NGB Form 22 noting the rank of the applicant for retirement was noted as 1SG.  The Board agreed that there was an error in the applicant’s record which warranted making a change to the applicant’s rank (1SG) on his DD Form 214.    


BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing Item 4a, GRADE, RATE OR RANK to reflect “1SG”.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  AR 635-5 (Personnel Separations—Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

3.  Army Regulation (AR) 600-8-19 (Personnel—General—Enlisted Promotions and Reductions), in effect at the time, prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel.  It applies to enlisted members of the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve, unless otherwise stated.

     Paragraph 7-11j, states that noncommissioned officers who apply for transfer to the Retired Reserve before age 60 may be laterally appointed to their formerly held grades concurrent with their separation from the State and assignment.  A former 1SG who is a MSG will be reappointed and assigned to the Retired Reserve as 1SG, provided the Soldier was not relieved for cause or the promotion was not revoked.  Former command sergeants major (CSMs) who are currently sergeants major eligible for reappointment to CSM, will be reappointed to CSM.  State Adjutants General are the appointment authorities for these actions.  Retirement orders and all related documents will show 1SG or CSM.


ABCMR Record of Proceedings (cont)	 AR20170002453


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