ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 August 2019

	DOCKET NUMBER:  AR20180005162


APPLICANT REQUESTS: 

* correction of his 20 years of time in service on his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* promotion to master sergeant (MSG)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Application for retirement
* 201 File (Military Personnel Record Jacket (MPRJ)
* DA Form 638-1(Recommendation for Award of Army Achievement (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM))
* Skills Qualification Test (SQT) prior to retirement

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, he wants his 20 years of service time corrected for burial purposes and wants his promotion to master sergeant.  He list his DA Form 2339 (Application for Voluntary Retirement) and his DD Form 214 as the reasons he believes there is an error or injustice.

3.  The applicant provided a copy of his DD Form 214 that shows:  

	a.  Item 4a (Grade, Rate or Rank), shows the applicant was separated in the rank of sergeant first class (SFC).

	b.  Item 4b (Pay Grade), shows the applicant was separated in the pay grade of E-7.

	c.  Item 12c (Net Active Service this Period), shows the applicant served 17 years, 
3 months, and 15 days during this period of service.

	d.  Item 12d. (Total Prior Active Service), shows the applicant served 2 years 
9 months, and 14 days of prior active service.

	e.  Item 12e (Total Prior Inactive Service), shows the applicant served 1 month and 18 days of prior inactive service.

	f.  He was retired honorably from active service on 31 January 1993 under the provision of AR 635-200, chapter 12 for length of service.

4.  The following documents were not found in the applicant’s application as listed on the DD Form 149:

* Promotion consideration to MSG
* Skill Identifier DA Form 4187 (Personnel Action)
* DA Form 1059 (Service School Academic Report)

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

	a.  He enlisted in the U. S. Army Reserve Control Group (Delayed Entry) on 
14 November 1972.

	b.  On 2 January 1973, he enlisted in the Regular Army and was discharged on 
15 October 1975 with an honorable discharge for immediate reenlistment.  His rank is reflected as specialist, SPC/E-4)  He maintained continuous active service until 
31 January 1993.  

	c.  His DA Form 2-1 (Personnel Qualification Record), shows the highest rank held in Item 18 (Appointments and Reductions) as SFC, with a date of rank (DOR) of 
28 July 1985.  His DD Form 214 (period ending 1 October 1975) reflects SFC/E7 with a date of rank 1 August 1985.

	d.  DA Form 638, 10b (Rank) reflects his rank as SFC/E-7.  It also references in Achievement #3 and Proposed Citation of Part B (Justification and Citation Data), the applicant served as first sergeant (1SG) of the Holdover Company and was responsible for the accountability and processing of over 300 holdover Soldiers.  The applicant was awarded an Army Achievement Medal for his service during the period of October 1990 to May 1991.

	e.  Orders 112-33, dated 22 May 1991, issued by Headquarters, U.S. Army Training Center and Fort Jackson, SC, awarded the applicant the special skill qualification identifier of “M” (Personnel Sergeant with First Sergeant identifier) on 1 June 1991.

	f.  On 29 August 1991, the applicant completed the SQT for the MOS code of 75Z4 (Personnel Sergeant).

	g.  Orders 236-54, dated 20 November 1991, issued by U.S. Army Training Center and Fort Jackson, SC, attached the applicant to Headquarters CDC, Fort Jackson, SC, on 11 October 1991 for an indefinite period for the purpose of 1SG duties.  His rank reflects SFC.

	h.  DA Form 2239, dated 2 September 1992 shows in item 5 (Current Grade, Pay Grade and MOS) SFC/E7.  Item 6 (Highest Grade Served on Active Duty) SFC.  
Item 14 (Chronological Dates of Military Service), the applicant served 20 Years, 2 months and 17 days of total military service based on the breakdown listed below.  He served:

* as an enlisted Soldier in the USAR from 14 November 1972 to 
1 January 1973 for, a total of 1 month and 18 days (block 17 (Total Inactive Service Creditable for Basic Pay Only) lists this period of service as inactive service)
* as an enlisted Soldier in the Regular Army from 2 January 1973 to 
31 January 1993, for a total of 20 years and 29 days active service

	i.  He was retired on 31 January 1993.  His DD Form 214 shows that he retired from active duty honorably under the provisions of Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel) chapter 12, for length of service.  He was transferred to the USAR Control Group (Retired).  His DD Form 214 also shows in:

* Block 4a (Grade, Rate, or Rank) shows “SFC”
* Block 4b (Pay Grade) shows E-7
* Block 12c (Net Active Service This Period) 17 years, 3 months, 15 days
* Block 12d (Total Prior Active Service) 2 years 9 months, 14 days

6.  By regulation (AR 635-200), states, in part for MSG and 1SG, retirement will be in the regular or reserve grade the Soldier holds on the date of retirement.  The Soldier must possess Special Qualification Identifier “M” and must have served as 1SG in pay grade E8.  No minimum time period is specified.  Service in the duty position of 1SG while in grade E7 does not meet this requirement.

7.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

* Block 4a, enter active duty grade or rank at time of separation
* Block 4b, enter active duty pay grade at the time of separation
* Block 12c, enter net active service this period
* Block 12d, enter total prior active service

8.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  The Board found that the applicant served in multiple MSG/E8 positions during his military service; however, there is no evidence in the applicant’s record to show he was ever promoted to the rank of Master Sergeant.

Additionally, based upon a review of the applicant’s DD Form 214, dated 31 January 1993, the Board found that the document already reflects that the applicant has completed 20 years of service.  For that reason, the Board recommended denying the applicant’s request.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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 635-5, in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  It also states:

* Block 4a (grade, rate, or rank) enter active duty grade or rank at time of separation
* Block 4b (pay grade) shows E-3 enter active duty pay grade at the time of separation
* Block 12c (net active service this period)
* Block 12d (total prior active service)

3.  Army Regulation 635-200, paragraph 12-17, provides, in part for master sergeant and first sergeants, retirement will be in the regular or reserve grade the Soldier holds on the date of retirement.  The Soldier must possess Special Qualification Identifier “M” and must have served as first sergeant in pay grade E8.  No minimum time period is specified.  Service in the duty position of first sergeant while in grade E7 does not meet this requirement.


ABCMR Record of Proceedings (cont)	 AR20180005162
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