IN THE CASE OF: . BOARD DATE: 13 March 2020 DOCKET NUMBER: AR20190010597 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 May 1994, to show his rank as 1SG (First Sergeant) instead of MSG (Master Sergeant). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2166-7 (Noncommissioned Officer Evaluation Report) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 his DD Form 214 does not reflect his highest rank attained while on active military service. 3. The applicant enlisted in the Regular Army (RA) on 20 August 1973. He was honorably discharged on 19 May 1976, for immediate reenlistment on 20 May 1976. 4. The applicant was promoted to the rank/grade of MSG/E-8 on 1 December 1992. Evidence shows he served in the duty position of 1SG for Company D, 3-37th Armor, Fort Riley, KS from 1 September 1992 to presumably 31 May 1993. 5. The applicant's DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) for the period September 1992 through May 1993 contains the following information: * his rank was 1SG * his primary Military Occupational Specialty (PMOS) was 19K5M – his the special qualification identifier (SQI) is listed as "M" * his principal duty title was First Sergeant * his duty MOS (DMOS) was 19Z5M 6. On 13 July 1993, the applicant was reassigned as the Senior Enlisted Advisor, Readiness Group, Fort Bragg, NC. 7. Orders issued by Headquarters, Fort McPherson, Fort McPherson, GA on 23 February 1994, released the applicant from active duty in the rank/grade of MSG/E-8 and placed him on the retired list in the rank/grade of MSG/E-8, effective 31 May 1994. 7. The applicant was issued a DD Form 214 that shows he was honorably retired due to having sufficient service for retirement. His DD Form 214 shows: * Block 4a (Grade, Rate or Rank) MSG * Block 11 (Primary Specialty) his last DMOS as 19Z5M – with the SQI of M 8. Army Regulation 635-5 (Personnel Separations - Separation Documents), then in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates that the rank and pay grade held on the date of separation will be entered in items 4a (Grade, Rate or Rank) and 4b (Pay Grade). 9. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 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 MSG * Soldier must possess SQI "M" * Soldier must have served as a 1SG in grade of MSG (no minimum time period is specified) 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 service as a First Sergeant and his rank upon separation due to sufficient service for retirement. The Board considered policy regarding entries on DD Forms 214 and policy concerning identification of rank on the retired list. The Board found the applicant’s DD Form 214 accurately reflects his rank (MSG) at the time of separation. The Board did find, that based on his service as a 1SG, that his retired grade should reflect 1SG. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s record was necessary to correct an error. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X 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 Orders issued by Headquarters, Fort McPherson, Fort McPherson, GA on 23 February 1994 to reflect in the entry for Retired Grade of Rank – “1SG” vice “MSG.” 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 amending the rank in item 4a. of the applicant’s DD form 214 for the period ending 31 May 1994. 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 614-200 (Enlisted Assignments and Utilization Management), 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 V, states 1SG positions are required to identify 1SG positions with the appropriate SQI identifier of "M." Award of SQI "M" will be made based on the criteria in Department of the Army Pamphlet 611-21 (Military Occupational Classification), chapter 12 - Enlisted SQIs and ASIs. Approval authority for award of SQI "M" will remain with the Soldier's battalion commander (or equivalent), and the BCT/BDE S1 will publish orders awarding the SQI. 3. Army Regulation 635-5 (Personnel Separations - Separation Documents), then in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates that the rank and pay grade held on the date of separation will be entered in items 4a (Grade, Rate or Rank) and 4b (Pay Grade). 4. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 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 MSG * Soldier must possess SQI "M" * Soldier must have served as a 1SG in grade of MSG (no minimum time period is specified) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010597 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1