IN THE CASE OF: BOARD DATE: 12 July 2021 DOCKET NUMBER: AR20210006597 APPLICANT REQUESTS: correction of the Former Service Members (FSM) DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 June 1991, to reflect the rank of Master Sergeant (MSG)/E-8. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Marriage Certificate * Power of Attorney * DD Form 214, ending 30 June 1991 * The Adjutant General letter * Commonwealth of Pennsylvania Certificate * Certificate of Death 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, Mrs. B_, the spouse of the FSM, states that on 27 June 1991, the FSM received a letter from Major General S_, the Adjutant General of the Pennsylvania Army National Guard (PAARNG) informing him of his promotion and placement on the Retired list at the rank of MSG. On 1 July 1991, the FSM retired from military service after serving for over 38 years. The FSM later died from complications associated with Agent Orange. The applicant states the FSM was ill for several years, however if he was able, he would have personally pursued this requested action. 3. A review of the FSM's available service records reflects the following: a. On 1 August 1951, the FSM enlisted in the ARNG. b. On 1 August 1960, the FSM enlisted in the PAARNG. c. On 28 September 1972, the FSM received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). d. On 5 April 1973, the FSM was ordered to Full-Time National Guard Duty (FTNGD). e. On 28 May 1991, Headquarters, First U.S. Army and Fort George G. Meade, MD, issued Orders Number 106-4 releasing the FSM from active duty in the rank of Sergeant First Class (SFC)/E-7, and placing him on the retired list effective 1 July 1991. DD Form 214 reflects the rank of SFC with an effective date of rank of 15 December 1966. The FSM was 57 years old and had completed a total of 21 years and 9 months of active service, 19 years, 2 months, and 10 days of inactive service. f. On 5 August 1991, the Adjutant General, PAARNG issued Orders Number 148-010 discharging the FSM at the rank of SFC from the ARNG and reassigning him to the U.S. Army Reserve (USAR) Control Group (Retired) effective 30 June 1991. NGB Form 22 (Report of Separation and Record of Service) reflects the rank of SFC with an effective date of rank of 15 December 1966. 4. The applicant provides the following a: a. Marriage Certificate reflective of the applicant and the FSM being married on 4 July 1970 in the State of Pennsylvania. b. Power of Attorney reflective of the applicant being appointed as the primary agent to conduct business and medical/financial affairs on behalf of the FSM. c. The Adjutant General letter reflective of the FSM being appointed to the rank of MSG on 17 June 1991 to continue in force from 1 July 1991. d. Commonwealth of Pennsylvania Certificate reflective of the FSM being appointed and placed on the Retired list at the rank of MSG. e. Certificate of Death reflective of the FSM's passing on 10 March 2019. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the FSM’s active duty service ending on 30 June 1991 and his promotion in the ARNG occurring on 1 July 1991, the Board concluded that the rank reflected on the applicant’s DD Form 214 was accurate and does not warrant correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX 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 (AR) 600-8-19 (Enlisted Promotions and Reductions) provides policies and procedures governing the promotions and reductions of Army enlisted personnel. Chapter 4 (Centralized Promotions – Sergeant First Class (SFC), Master Sergeant (MSG), and Sergeant Major (SGM)) provides that the Commanding General, Human Resources Command (HRC) promotes Soldiers in the rank of SFC, MSG and SGM. Promotions to Sergeant (SGT)/E-5 through SGM are announced on orders. Promoted Soldiers incur a 3-year service obligation, unless eligible for retirement based on Retention Control Point (RCP) for recommended grade, already eligible through prior service for a higher rank at the time of retirement or are age 62 or older. Service remaining obligations are waived for Soldiers selected for separation from unit service and transferred to the Individual Ready Reserve (IRR) or the Retired Reserve under the Qualitative Retention Program Soldiers selected for promotion will be promoted on the last day of the month before being placed on the retired list if their sequence number has not been reached and they are in one of the following categories: * Will complete 32 years of Active Federal Service (AFS) * Will have reached age 62 * Will reach the RCP while on a promotion list. a. Transfers to a regular component, the U.S. Army Reserve, the Individual Ready Reserve, the Standby Reserve, the Inactive National Guard, the Retired Reserve, or discharge to civilian life for Soldiers serving under a promotion service remaining requirement must be approved by the Adjutant General (AG) to preclude reduction or revocation of the promotion. b. AGs may authorize frocking by informal memorandum when the Soldier is assigned to the position and the Chief, National Guard Bureau (CNGB) has denied a controlled grade allocation for that Soldier. Title 10 Active Guard/Reserve Soldiers may be frocked only when approved by the CNGB. Do not issue orders or new identification cards or change official records to show a frocked rank. Do not issue DA Form 4872 (Certificate of Promotion to Noncommissioned Officers) until the Soldier is actually promoted to MSG. Frocking does not entitle a Soldier to time in grade, pay in the frocked rank, or credit on the retired list and will not be used for any purpose related to determining the "highest grade held." 3. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Item 4a (Grade, Rate or Rank) will reflect the service members grade on the date of retirement. Paragraph 12-6 (Advancement on the Retired List (Title 10, USC, section 3964 (Full-Time Duty – ARNG) provides that retired Soldiers who have less than 30 years of active service are entitled, when their active service plus service on the retired list total 30 years to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily or, in the case of ARNGUS Soldiers, in which they served on full-time duty satisfactorily. This provision applies to Warrant Officers, Regular Army enlisted Soldiers, and Reserve enlisted Soldiers who, at the time of retirement, are serving on active duty'(or full-time National Guard duty). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006597 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1