ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 November 2019

	DOCKET NUMBER:  AR20170003814


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his rank as First Sergeant (1SG) instead of 
Master Sergeant (MSG)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	3 DA Forms 2166-8 (NCO Evaluation Report)
*	DA Form 1059 (Service School Academic Evaluation Report)

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 (ABCMR) 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 when he retired, he did not know he could request first 
sergeant (1SG) to be his retired rank based on serving as a first sergeant (1SG) 
earlier in his career.  His duty military occupational skill (MOSC) on his DD Form 214 
reflects 91W5M. "M" is the skill identifier for First Sergeant.  Since he currently 
teaches Junior Reserve Officers' Training Corps (ROTC) and wears his uniform daily 
in accordance with Army Regulation 670-1 (Wear and Appearance of Army Uniforms 
and Insignia), this change is important to his new career and relevant.  Human 
Resources Command (HRC) stated he could not wear the 1SG rank without this 
change.

3.  The applicant provides:

	a.  A copy of DA Form 2166-8 (NCO Evaluation Report), dated 1 January 2002 
showing his principal duty title as First Sergeant

	b.  A copy of DA Form 1059 (Service School Academic Evaluation Report), which 
shows he completed First Sergeant Course on 10 April 2002.
	c.  A copy of DA Form 2166-8 dated 1 June 2002, showing his principal duty title 
as First Sergeant.

	d.  A copy of DA Form 2166-8 dated 5 May 2005, showing his principal duty title 
as First Sergeant.

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

	a.  He enlisted in the Regular Army (RA) on 18 March 1986.

	b.  The applicant was promoted to Master Sergeant (MSG) on 1 July 2003.  He 
completed the First Sergeant Course on 10 April 2002 and was awarded the special 
qualification identifier (SQI) of "M", which identifies school qualification as a 1SG.  
His NCO Evaluations show he served as 1SG on or about 29 June 2001 to on or 
about October 2002 at Ft Lewis, WA.

	c.  Orders 251-0019, dated 8 September 2005 released him from active duty and 
placed him on the retired list effective 31 March 2006.  It directed he be retired in the 
grade or rank of MSG.

	d.  The applicant was honorably retired on 31 March 2006.  Item 4a (Grade, Rate 
or Rank) on his DD Form 214 shows he was retired in the rank of MSG.  Item 18 
(Remarks) contains an entry "Retired List Grade MSG".

5.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
states that noncommissioned officers holding the grade of MSG at retirement, whose 
records show successful service as a 1SG, will be placed on the retired list in the 
grade title 1SG.

6.  Army Regulation 635-5 (Separation Documents), contains guidance on the 
preparation and distribution of the DD Form 214 and states that for item 4 (Grade, 
Rate or Rank) the active duty grade or active duty rank and pay grade at the time of 
separation will be entered from the ERB.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  Based upon the documentary evidence provided and found within 
the military service record of the applicant the Board found that the applicant's duty 
military occupational skill (MOSC) on his DD Form 214 reflects 91W5M. "M" is the 
skill identifier for First Sergeant. The applicant served in the position as 1SG prior to 
retirement, attended and granted the First Sergeant Course.  As a result, the Board 
recommended granting relief.



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:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by amending his DD 
Form 214 for the period ending 31 March 2006 by in block 11 (Primary Specialty) the 
military occupational skill (MOSC) to reflect 91W5M. "M" is the skill identifier for First 
Sergeant.
	  
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 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.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
states in paragraph 12-17 (Grade title on retired list of former first sergeants) that 
noncommissioned officers holding 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.  The following are the only criteria for such placement on the retired list: 

*	Soldier must be serving in and retiring in the grade of MSG
*	Soldier must possess SQI "M" 
*	Soldier must have served as a 1SG in grade of MSG  (no minimum time 
period is specified)

3.  Army Regulation 635-5 (Separations Documents), 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170003814

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