RMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20170013579 APPLICANT REQUESTS: to be reinstated into the Command Sergeants Major Program APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter to Army Review Boards Agency * Request for reentry in to the Command Sergeants Major Program * Approval recommendation for reentry to Command Sergeants Major Program * General Order Number 331 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 he served as a Command Sergeant Major during the period July 1968 until May of 1972. In May 1972, he voluntarily withdrew from the Command Sergeants Major program in order to take an assignment with the ROTC program at Brigham Young University so that my three oldest children could attend the university and live at home with my family. In March 1976 he applied to re-enter the Command Sergeants Major Program, and was informed that re-entry was not possible due to the policy at the time. The policy has since changed to allow transferring between Command Sergeant and Sergeant Major. He was awarded the Legion of Merit Medal while serving as Command Sergeant Major. 3. The applicant provides: a. A copy of his request to the Army Review Boards Agency, dated 28 February 2017, requesting to be advanced on the retired list to the highest rank he held while on active duty. He based his request on the provisions of Title 10, U.S. Code, and Section 3964. b. A copy of his request for reentry into the Command Sergeants Major Program sent through his chain of command. c. A copy of a letter recommending approval of his request for reentry into the Command Sergeants Major Program, dated 18 March 1976. d. A copy of General Order Number 331, issued by Headquarters, United States Army Alaska, awarding the applicant the Legion of Merit Medal. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 24 January 1953. He reenlisted 8 times over a period of 26 years of active continuous service b. He served in: * Korea from 27 June 1959 to 5 July 1960 * Germany from10 August 1968 to 22 July 1965 * Vietnam from 1 November 1966 to 1 June 1968 * Alaska from 11 June 1969 to 6 June 1972 5. The applicant’s record is void of his voluntary withdrawal from the Command Sergeant Major Program, therefore, the Board cannot review his official withdrawal. 6. On 2 November 1976, the applicant retired from active duty as a Sergeant Major. His DD Form 214 shows he completed 26 years, 4 months, and 12 days of active service. . 7. By Regulation, AR 614-200 (Assignments, Details and Transfers- Enlisted Personnel Selection, Training and Assignment System, Grades E1 through E9), Chapter 14, (Selection, Assignment, and Utilization of Command Sergeants Major). Voluntary withdrawal: a. A command sergeant major or command sergeant major selectee may voluntarily withdraw from the program provided he/she meets the following criteria - * has not been alerted for reassignment, either going to or returning from oversea, intra-oversea, or intra-CONUS * if alerted for an oversea assignment, must fulfill the oversea tour requirements prescribed in AR 61~30 * if a CSM serving in CONUS, he/she must have completed 1 year at present duty station. In those cases where a CSM selectee is assigned to a CSM position at the same installation in CONUS where currently serving, he/she must complete one year in the CSM position b. Requests for voluntary withdrawal for compelling personal reasons can be submitted for consideration at any time. The request for withdrawal must be forwarded through channels to HQDA (DAPCEPZ-E), Alexandria, VA 22331 on DA Form 4187 for final action. Each request must include the reason for the request for withdrawal and a statement by the individual indicating that he/she understands that withdrawal disqualifies him/her from future consideration for CSM. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. It is known E9s are laterally appointed to CSM to serve as Commandants and senior enlisted advisors to commanding officers. At times, CSMs are laterally appointed back to SGM to serve as senior enlisted advisor to principle staff officers. In this case, he requested a lateral appointment back to SGM. The Board agreed he served successfully at the rank of CSM, and determined his retirement rank should reflect as such. 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 the Army records of the individual concerned be corrected by amending his retirement orders and DD Form 214 for the period ending 31 December 1976 by showing his rank as CSM. 12/4/2019 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 614-200, (Assignments, Details and Transfers- Enlisted Personnel Selection, Training and Assignment System, Grades E1 through E9) in effect at the time, Chapter 14, (Selection, Assignment, and Utilization of Command Sergeants Major), Voluntary withdrawal: a. A command sergeant major or command sergeant major selectee may voluntarily withdraw from the program provided he/she meets the following criteria: * Has not been alerted for reassignment, either going to or returning from oversea, intra-oversea, or intra-CONUS. * If alerted for an oversea assignment, must fulfill the oversea tour requirements prescribed in AR 61~30. * If a CSM serving in CONUS, he/she must have completed 1 year at present duty station. In those cases where a CSM selectee is assigned to a CSM position at the same installation in CONUS where currently serving, he/she must complete one year in the CSM position. b. Requests for voluntary withdrawal for compelling personal reasons can be submitted for consideration at any time. The request for withdrawal must be forwarded through channels to HQDA (DAPCEPZ-E), Alexandria, VA 22331 on DA Form 4187 for final action. Each request must include the reason for the request for withdrawal and a statement by the individual indicating that he/she understands that withdrawal disqualifies him/her from future consideration for CSM. //NOTHING FOLLOWS//