ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 August 2019

	DOCKET NUMBER:  AR20170014126


APPLICANT REQUESTS:  correction to his rank on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from “MSG” to “1SG.” 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* U.S. Army Signal Center and Fort Gordon Orders 063-00235
* 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, in effect, his retirement orders state that his “retired grade of rank” is first sergeant (1SG).

3.  The applicant provides a copy of U.S. Army Signal Center and Fort Gordon Orders 063-00235, dated 4 March 1993, which reflect his retired grade of rank as “1SG.”

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

   a. He enlisted in the Regular Army on 27 April 1976.
   
   b. He served as a 1SG from 5 July 1989 until 11 March 1992, while assigned to the 63rd Signal Battalion, Germany.
   
   c. He retired from active duty on 30 June 1996.  His DD Form 214 shows he was retired from active duty, under the provisions of AR 635-200, Chapters 12 & 10 USC 3914, for length of service.  It also shows his rank as MSG/E-8.

5.  AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was warranted.  Based upon the information found within the applicant’s DA Form 2-1, the Board concluded that the applicant did get laterally promoted to First Sergeant and served as one.  For that reason, the Board recommended changing the rank reflected on the applicant’s 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 to read “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 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army.  Paragraph 2-4h (4) (Grade, Rate or Rank), states “enter active duty grade or rank and pay grade at time of separation from ERB/ORB.”



ABCMR Record of Proceedings (cont)	 AR20170014126


3


1