ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

	BOARD DATE:     28 March 2019

	DOCKET NUMBER:  AR20170012895


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) via on-line application 
* DD Form 214, for the period ending 30 April 2007
* Enlisted Record Brief (ERB) with a brief date of 10 April 2006

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 his record shows him as a retired MSG instead of a retired 1SG.  He has the identifier and served for two years as a 1SG; therefore, his record should show he retired as a 1SG instead of a MSG.  

3.  The applicant enlisted in the Regular Army on 19 February 1986 and was promoted to the rank of MSG on 1 January 2005.  

4.  The applicant's ERB shows his rank as MSG and that he was awarded the special qualification identifier (SQI) of "M," which identifies qualified 1SG.  It further shows he served in as a 1SG for D Troop, 9th Cavalry, Fort Hood, TX from on or about 
18 September 2003 until on or about 5 September 2005.  His next assignment was an as Operations Sergeant (MSG) with A Company, 1st Battalion 46th Infantry Regiment, Fort Knox, KY from on or about 6 September 2005 until his retirement.  

5.  Orders 201-0159, dated 20 July 2006 released him from active duty and placed him on the retired list effective 30 April 2007.  It directed he be retired in the grade of rank of 1SG.  

6.  The applicant was honorably retired on 30 April 2007.  Item 4a (Grade, Rate or Rank) of his DD Form 214 shows he was retired in the rank of MSG.  Item 18 (Remark) contains an entry "Retired List Grade 1SG."

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), dated 
6 June 2005 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.  

8.  Army Regulation 635-5 (Separation Documents), dated 15 September 2000, 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 determined relief was warranted.  The Board concluded that the information found on the applicant’s Enlisted Records Brief (ERB) and the retirement order within the applicant’s military record supports granting the applicant’s request as an administrative change on the DD 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 his DD Form 214, ending 30 April 2007, by changing the entry in Block 4a. from “MSG” to “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.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), dated 
6 June 2005, 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), dated 15 September 2000, 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.



ABCMR Record of Proceedings (cont)	 AR20170012895


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