ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 January 2020

	DOCKET NUMBER:  AR20190002438


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to reflect First Sergeant (1SG)/E-8 instead of                        
Master Sergeant (MSG)/E-8. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Enlisted Record Brief (ERB) 

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 completed the First Sergeant’s Course in 2004 and 
served as a 1SG for 3 years.  When he retired from the Army, he was assigned to a 
MSG position and was advised that his DD Form 214 would reflect the last rank that 
he held prior to retiring. 

3.  A review of the applicant’s available service records indicates the following on: 

*	21 January 1987 - he enlisted in the Army under the Delayed Entry Program
*	27 February 1987 (Order# 040-002) – he was ordered to active duty
*	11 September 2002 (Order# 254-6) - he was promoted to MSG effective        
1 October 2002
*	28 October 2002 – he was assigned to a 1SG position and served in this 
position until 9 June 2006; during this period, he also completed the First 
Sergeant’s Course
*	10 June 2006 – he was assigned to a MSG position 
*	31 August 2009 (Order 253-0020) – he was released from the Army and 
placed on the Retired list effective 1 September 2009 at the rank of MSG
*	31 August 2019 (DD Form 214) – reflects in paragraph 18 (Remarks) that his 
retirement grade is 1SG

4.  The applicant provides the following a: 

*	DD Form 214 dated 31 August 2009 – reflective of his grade, rate or rank at 
retirement as MSG
*	ERB dated 21 June 2006 – reflective of his completion of the First Sergeant’s 
course in 2004 and assignment as a 1SG for over 2 years 

5.  Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) 
states Noncommissioned Officers holding the grade of MSG at retirement, whose 
records show successful service as first sergeant, will be placed on the retired list in 
the grade title, first sergeant.  The following are the only criteria for such placement 
on the retired list:

*	must be serving in and retiring in the grade of MSG
*	must possess special qualification identifier “M”
(M-identifier in MOS awarded by attending the 1SG Course at an accredited NCO Academy)
*	must have served as first sergeant in grade of MSG.  No minimum time 
period is specified

6.  AR 635-5 (Separation Documents) states that the DD Form 214 will reflect the 
active duty grade or rank and pay grade at time of separation from the ERB. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, his 
record of service, his professional education and service as a First Sergeant, his 
rank and duty position at the time of retirement and his retired grade as reflected in 
“Remarks” on his DD Form 214.  The Board found that the applicant was serving in 
a MSG position at the time of his retirement and that entry is properly reflected on 
his DD Form 214.  The Board found that Order 253-0020 31 August 2009 should be 
corrected to reflect the applicant’s retirement rank as 1SG.  
 
2.  After reviewing the application and all supporting documents, the Board found the 
relief was warranted.





BOARD VOTE:

Mbr 1	   Mbr 2	Mbr 3

:	   :	:	GRANT FULL RELIEF

:	   :	:	GRANT PARTIAL RELIEF

:	   :	:	GRANT FORMAL HEARING

:	   :	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by 
amending the 31 August 2009 Order 253-0020 to reflect he was “released from the 
Army and placed on the Retired list effective 1 September 2009 at the rank of 1SG.”

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so 
much of the application that pertains to relief in excess of that stated above.
  


	  
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 (AR) 635-200 (Active Duty Enlisted Administrative Separations) 
states Noncommissioned Officers holding the grade of MSG at retirement, whose 
records show successful service as first sergeant, will be placed on the retired list in 
the grade title, first sergeant.  The following are the only criteria for such placement 
on the retired list:

*	must be serving in and retiring in the grade of MSG
*	must possess special qualification identifier “M.”
*	must have served as first sergeant in grade of MSG. No minimum time period 
is specified

3.  AR 635-5 (Separation Documents) states that the DD Form 214 will reflect the 
active duty grade or rank and pay grade at time of separation from the ERB

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190002438

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