IN THE CASE OF: BOARD DATE: 18 January 2022 DOCKET NUMBER: AR20210009612 APPLICANT REQUESTS: correction of his grade/pay grade in the Defense Finance Accounting Services (DFAS) Retirement Annuitant Pay record to show his retired grade/pay grade as 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), 18 September 2020 * U.S. Army Engineer Center and Fort Leonard Wood, Orders 008-302, 8 January 1996 * Defense Finance and Accounting Service (DFAS) webpage extract, July 2020 * Applicant letter to DFAS, 2 July 2020 * letter, U.S. Military Retired Pay, Defense Finance Accounting Service, 27 August 2020 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 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: a. A DFAS representative reported his first alphanumeric on his DD Form 2656-A was illegible. It reflects his retired rank incorrectly as master sergeant. It should show his retirement rank as first sergeant. b. Defense Enrollment Eligibility Reporting System (DEERS) shows his retired rank correctly as first sergeant. His DD Form 2 shows his grade/pay grade as first sergeant/E-8. 3. A review of the applicant's service records shows: a. On 21 June 1976, he enlisted in the Regular Army at grade/pay grade private/E-1. b. Following a series of reenlistments and promotions, he was promoted to sergeant first class (SFC) effective 25 August 1985. c. A DA Form 2166 (Noncommissioned Officer Evaluation Report), 11 September 1991 shows his rank and pay grade as SFC for the period June 1990 to May 1991. d. On 1 March 1992, he was promoted to master sergeant (MSG). e. Eight DA Forms 2166 show his rank and pay grade as: * first sergeant (1SG) for the period June 1991 to December 1991 * master sergeant (MSG) for the period January 1992 to December 1992 * MSG for the period January 1993 to April 1993 * MSG for the period May 1993 to April 1994 * MSG for the period May 1994 to December 1994 * 1SG for the period January 1995 to March 1995 * 1SG for the period April 1995 to June 1995 * MSG for the period July 1995 to June 1996 f. Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Orders 008-302, 8 January 1996, released him from active duty and placed him on the retired list, effective 30 November 1996. His grade/pay grade was shown as MSG/E-8. His retired grade of rank was shown as 1SG/E-8 with an effective date of 1 March 1992. g. On 18 July 1996, he applied for survivor benefit plan elections and listed his grade/pay grade as 1SG/E-8. h. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was promoted to: * SFC on 25 August 1985 * MSG on 1 March 1992 * 1SG on 16 December 1994 with a date of rank of 1 March 1992 i. On 30 November 1996, he was retired. His DD Form 214 shows his grade/pay grade as MSG/E-8. j. He provided copies of: (1) A letter he self-authored to DFAS, requesting correction of his DFAS account to show his rank as 1SG/E-8 instead of MSG/E-8. (2) A letter from DFAS, 27 August 2020, requesting, in effect, he apply to the ABCMR to correct his retirement information. 4. By regulation (AR 635-5), enter in block 4a (Grade, Rate or Rank) and block 4b (Pay Grade) the active duty grade and pay grade at the time of separation. The DD Form 214 shows the rank and grade held by the Soldier at the time of separation. The applicant held the rank/grade of MSG/E-8 at the time of separation. His DD Form 214 shows his correct rank/grade of MSG/E-8. 5. By regulation (AR) 635-200, a Soldier is retired in the highest grade satisfactory held. The retirement order shows the highest grade. The applicant held the grade of 1SG/E-8 during his military service and his retirement orders retired him as a 1SG. His retirement order correctly shows his retired grade as 1SG. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. By regulation, a Soldier is placed on the retired list in the highest grade he or she satisfactorily held. In his case, his retirement order placed him on the retired list as a 1SG. A Soldier is also issued a DD Form 214 that shows the rank/grade he held at the time of separation. In his case, he was a MSG at the time of separation. His DD Form 214 correctly lists his rank of MSG. Board members found no error and recommended the applicant write a letter to DFAS, enclosing his retirement orders, and requesting future correspondence from DFAS show his rank as 1SG. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX: XX: XX: 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, 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 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of the DD Form 214. It states: * items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation from his or her records * item 12i shows the effective date of pay grade 3. Army Regulation 635-200 (Enlisted Separations), chapter 12, in effect at the time, stated for NCOs holding the rank of MSG at retirement whose records show successful service as a 1SG will be placed on the Retired List in the grade title 1SG. The criteria for such placement on the Retired List are that the Soldier must be serving as and retiring as an MSG, must possess special qualification identifier "M," and must have served as a 1SG. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009612 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1