ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20180002175


APPLICANT REQUESTS:  retired rank of master sergeant (MSG)/E-8 changed to first 
sergeant (1SG)/E-8.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  
DD Form 149s (Application for Correction of Military Record).  

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 believes he should have been retired at the highest rank 
held, not the rank he held on the date of his retirement.

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

	a.  He enlisted in the Regular Army on 28 April 1967.  He served through multiple 
reenlistments in a variety of assignments.  He was promoted to MSG on 7 May 1984.

	b.  Order No 3-21, 7 January 1986, shows the applicant was laterally appointed from 
1SG back to MSG effective the date of the order.

	c.  His DA Form 2-1 (Personnel Qualification Record), shows in the following:

*	section III, block 17 (Civilian Education and Military Schools), 1SG Refresher  
Course 2 weeks in 1983 and U.S. Army 1SG Course 8 weeks in 1984
*	section III, block 18 (Service, Training, and Other Dates), MSG date of rank 
(DOR) 7 May 1984, 1SG DOR 7 May 1984 and effective date 1 June 1984 
and MSG DOR 7 May 1984 and effective date 1 January 1986
*	section VII, block 35 (Current and Previous Assignments), duty/military 
occupational specialty code 71L5M from 1 January 1984 to 19 January 1987 
in the U.S. Army Element ,Company C, Defense Language Institute Foreign 
Language Center, Presidio of Monterey, CA

	d.  On 25 April 1989, the 199th Personnel Service Company published orders 88-96, 
directed his release from active duty and placed him on the Retired List effective 
31 August 1989 in the retired grade of MSG.

	e.  He retired on 31 August 1989 and he was placed on the retired list on 
1 September 1989.  The DD Form 214 he was issued shows the following entries:

*	items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - "MSG" and "E-8"
*	item 12i (Effective Date of Pay Grade) - "1989-04-01"

4.  By regulation (AR) 635-5 (Separations Documents), the purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service.  Items 4a and 4b show the active duty rank and pay grade at time of the 
Soldier's separation from his or her records, and item 12i shows the effective date of 
pay grade.  His DD Form 214 correctly shows the rank/grade he held at the time of 
separation

5.  By regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), in effect at 
the time, stated for noncommissioned officers holding the rank of MSG at retirement 
whose records show successful service as a 1SG will be placed on the Retired List in 
the grade title 1SG.  The criteria for such placement on the Retired List are that the 
Soldier must be serving as and retiring as an MSG, must possess special qualification 
identifier "M," and must have served as a 1SG. 

BOARD DISCUSSION:

After review of the application and all evidence, the Board found the relief is warranted.  
The applicant’s contentions were carefully considered.  Based upon the documentary 
evidence provided by the applicant and found within the military service record, the 
Board found evidence which shows the applicant was in the pay grade of E-8, and 1SG 
is the highest rank he held during his period of service.  The Board agreed there is 
sufficient evidence to grant relief.

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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 block 4a of his 
DD Form 214 for the period ending 31 August 1989 by showing his rank as 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 (AR) 614-200 (Selection of Enlisted Soldiers for Training and 
Assignments), prescribes the reporting, selection, assignment and utilization of Active 
Army (AA) enlisted personnel, excluding initial entry training (IET) Soldiers.  It provides 
general assignment policies and responsibilities for managing the enlisted force.  
Chapter 8, section IX, states to First Sergeant (1SG)/E-8 positions are required to 
identify 1SG positions with the appropriate special qualification identifier (SQI) identifier 
of "M."  Approval authority for award of SQI "M" will remain with the Soldier's battalion 
commander (or equivalent), and the personnel service center will publish orders 
awarding the SQI.

3.  AR 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, 
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 E8
*	Soldier must possess SQI "M" 
*	Soldier must have served as a 1SG in grade of E8 (no minimum time period is 
specified)

4.  Army Regulation 635-5 (Separations Documents), in effect during the applicant's 
active duty service, 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 item 4 (Grade, Rate or Rank) the active duty grade of rank and pay grade at the 
time of separation will be entered.

5.  AR 15-185 (ABCMR), provides Department of the Army policy, criteria, and 
administrative instructions regarding an applicant’s request for correction of a military 
record.  Paragraph 2-9 states the ABCMR begins its consideration of each case with 
the presumption of administrative regularity.  The applicant has the burden of proving 
an error or injustice by a preponderance of the evidence.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)		AR20180002175
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