ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 October 2019 DOCKET NUMBER: AR20180008178 APPLICANT REQUESTS: correction of his military records to reflect the rank of master sergeant (MSGT) and pay grade of E-7. The applicant requests an appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special orders number 2, dated 28 January 1955 * Special orders number 320, dated 16 November 1955 * Special orders number 85, dated 1 May 1959 * Discharge Certificate, dated 30 May 1966 * Discharge Certificate, dated 24 September 1966 * Special orders number 98, dated 20 May 1975 * Reserve Certificate, dated 13 May 1975 * Retirement Letter, dated 29 May 1975 * Certificate of Appreciation, dated 30 May 1975 * Retirement Certificate, dated 19 April 1988 * Orders P-OO1214, dated 31 March 1988 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 that he would like his rank of MSGT restored on his military records for the period beginning in 1966 and ending in 1988. He does not wish to change his pay grade of E-7. His records should read master sergeant/E-7. Discharge documents supporting MSGT rank are provided. The applicant requests an appearance before the Board. 3. The applicant provides a copy of the following documents: * Special orders number 2, dated 28 January 1955; shows master sergeant/E-7 * Special orders number 320, dated 16 November 1955; shows master sergeant/E-7 * Special orders number 85, dated 1 May 1959; shows master sergeant/E-7 * Discharge Certificate, dated 30 May 1966; shows master sergeant/E-7 * Discharge Certificate, dated 24 September 1966; shows master sergeant/E-7 * Special orders number 98, dated 20 May 1975; shows sergeant first class/E-7 * Retirement Letter, dated 29 May 1975; shows sergeant first class/E-7 * Retirement Reserve, dated 30 May 1975; shows sergeant first class/E-7 * Certificate of Appreciation, dated 30 May 1975; shows sergeant first class/E-7 * Retirement Certificate, dated 19 April 1988; shows sergeant first class/E-7 * Orders P-OO1214, dated 31 March 1988; shows sergeant first class/E-7 4. A review of the applicant’s service record shows the following: a. His DD 214 (Report of Separation from the Armed Forces of the United States) shows that he was inducted in the Army of the United States on 8 February 1952 and released from active duty on 7 February 1954. b. He enlisted in the U.S Army Reserve (USAR) on 14 June 1960. He reenlisted in the USAR on 25 September 1966 and reenlisted on 16 April 1972. He enlisted in the Army National Guard (ARNG) on 21 April 1970. c. His DA Form 20 (Enlisted Qualification Record) shows in item 2 (Grade) sergeant first class/E-7. d His DA Form 24 (Service Record) shows the grade of master sergeant/E-7 with date of rank 14 May 1957. e. His DA Form NGB 22 discharges the applicant from the ARNG on 1 October 1971. It also shows in item 3 (Grade) sergeant first class for incompatible occupation reflected in block 31 (Reason and Authority for Discharge). f. Special orders number 98, dated 20 May 1975, retires the applicant from the USAR effective 30 May 1975 and shows the rank of sergeant first class/E-7. 5. Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear- cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. 6. The Enlisted Grade Structure in the Army has changed several times since 1942. There were other changes on 1 September 1942, 1 August 1948, 1 October 1949, and on 21 January 1951; however, they are not applicable in the applicant's case. During the period 1 July 1955 to 31 May 1958, the Army followed the following enlisted grade structure: * Pay Grade E-7, Master Sergeant (M/Sgt)/Master Specialist (MSP) * Pay Grade E-6, Sergeant First Class (SFC)/Specialist First Class (SP1) * Pay Grade E-5, Sergeant (Sgt)/Specialist Second Class (SP2) * Pay Grade E-4, Corporal (Cpl)/Specialist Third Class (SP3) * Pay Grade E-3, Private First Class (PFC) * Pay Grade E-2, Private/E-2 * Pay Grade E-1, Private E-1 7. On 1 June 1958, the Army changed the enlisted rank structure as follows: * E-9 Sergeant Major (Specialist Nine) * E-8 First/Master Sergeant (Specialist Eight * E-7 Sergeant First Class/Platoon Sgt (Specialist Seven) * E-6 Staff Sergeant (Specialist Six) * E-5 Sergeant (Specialist Five) * E-4 Corporal or Specialist Four * E-3 Private First Class * E-2 Private * E-1 Private or Recruit 7. By regulation (AR 15-185 - ABCMR), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Regulatory guidance at the time he was separated shows the rank of MSG was provided for enlisted members in the pay grade of E-8, and SFC was used for enlisted members in the grade of E-7. The Board agreed there was no error or injustice in this case. ? 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 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 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear- cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. 6. The Enlisted Grade Structure in the Army has changed several times since 1942. There were other changes on 1 September 1942, 1 August 1948, 1 October 1949, and on 21 January 1951; however, they are not applicable in the applicant's case. During the period 1 July 1955 to 31 May 1958, the Army followed the following enlisted grade structure: • Pay Grade E-7, Master Sergeant (M/Sgt)/Master Specialist (MSP) • Pay Grade E-6, Sergeant First Class (SFC)/Specialist First Class (SP1) • Pay Grade E-5, Sergeant (Sgt)/Specialist Second Class (SP2) • Pay Grade E-4, Corporal (Cpl)/Specialist Third Class (SP3) • Pay Grade E-3, Private First Class (PFC) • Pay Grade E-2, Private/E-2 • Pay Grade E-1, Private E-1 7. On 1 June 1958, the Army changed the enlisted rank structure as follows: • E-9 Sergeant Major (Specialist Nine) • E-8 First/Master Sergeant (Specialist Eight • E-7 Sergeant First Class/Platoon Sgt (Specialist Seven) • E-6 Staff Sergeant (Specialist Six) • E-5 Sergeant (Specialist Five) • E-4 Corporal or Specialist Four • E-3 Private First Class • E-2 Private • E-1 Private or Recruit //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008178 3 1