IN THE CASE OF: BOARD DATE: 5 October 2022 DOCKET NUMBER: AR20220002237 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 June 1988 to show he retired as a first sergeant (1SG)/E-8 vice master sergeant (MSG)/E-8. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Action, dated 12 January 1988 * Application for Voluntary Retirement, dated 19 January 1988 * Data for Payment of Retired Army Personnel * Data for Retired Pay * Retired Military Identification (ID) Card * Orders A-17-2, dated 27 January 1988 * DD Form 214 for the period ending on 30 June 1988 * DD Form 215 (Correction to DD Form 214), dated 16 April 2019 * U.S. Army Human Resources Command (HRC) Letter to applicant, dated 12 October 2021 FACTS: 1. The applicant did not file within the 3-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. He was promoted to the rank of first sergeant (1SG) while assigned to the 21st Evacuation Hospital at Fort Hood. He served in that position until he was transferred to Darnall Community Hospital in Fort Hood and assumed his role as Chief Ward Master of the hospital. b. He would like his DD Form 214 to be changed to reflect his retirement rank as 1SG/E-8 vice master sergeant (MSG)/E-8. He has several of his discharge papers and his retirement ID indicating his rank as a 1SG/E-8. He wants this corrected, so his head stone will correctly reflect his rank while he served for his country. He did not realize until later that his DD Form 214 showed his rank as a MSG/E-8. 3. The applicant provides the following documentation: a. Personnel Action, dated 12 January 1988 shows the applicant submitted a request for voluntary retirement, effective 30 June 1988 as an “E8”, which was recommended for approval. b. His Application for Voluntary Retirement, dated 19 January 1988, shows the following information in: o Item 5 (Current Grade, Pay Grade and MOS): “MSG E-8 850912 91C50” o Item 6 (Highest Grade Served on Active Duty and Branch of Service): “1SG E-8 RA o Item 14 (Chronological Dates of Military Service): Enlisted – Regular Army from 25 March 1968 to 30 June 1988: Total Active Federal Service: 20 years, 3 months, and 6 days c. Data for Retired Pay shows: o Item 3 (Retired Grade): 1SG E-8 o Item 8 (Highest Grade Attained): 1SG E-8 o Item 10 (Retired Pay): 1SG/E-8 d. His military ID card shows his rank as “1SG/E8”. e. A letter issued by HRC, Army Service Center, dated 12 October 2021, states in part, “This letter is in response to your request for a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty. After review of your request and supporting documents, the requested correction cannot be processed. The rank listed on the DD Form 214 in Block 4a is correct as issued as per your retirement order standard name line. However, you may apply to the Army Review Boards Agency who has authority over requests for changes to your Military Records.” 4. The applicant’s record shows the following documentation: a. On 25 March 1968, the applicant enlisted in the Regular Army with continuous service in the RA until the date of his retirement. b. Orders A-17-2, dated 27 January 1988, shows he was released from active duty and placed on the retirement list, effective 30 June 1988, in the retired grade of first sergeant (1SG). c. DD Form 2-1 (Personnel Qualification Record) shows in: (1) Section III, he was appointed in the rank of: o MSG on 12 September 1985 o 1SG on 23 July 1986 o MSG from 3 March 1987 to the date of his retirement on 30 June 1988 (2) Section VII (Current and Previous Assignments) shows from: o 1 August 1985 to 31 July 1986: 1SG o 1 August 1986 to 1 March 1988: Chief Ward Master d. DD Form 214 shows he was honorably retired on 30 June 1988 for length of service in the rank and pay grade of MSG/E8. He completed 10 years, 8 months, and 10 days of net active service this period with 9 years, 6 months and 26 days of total prior active duty service. BOARD DISCUSSION: After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered applicant’s contentions, military record and regulatory guidance. The Board noted his supporting data for retired pay which reflects the requested grade One possible was to deny relief. However, the majority of Board members noted the data for retired pay, orders releasing him from active duty and other supporting documentation reflecting the requested grade. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD214 for the period ending 30 June 1988 showing he retired as a first sergeant (1SG)/E-8. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200, paragraph 12-17 (Grade Title on Retired List of Former First Sergeants), states that noncommissioned officers 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 (rank) of 1SG. 3. Army Regulation 635-5 (Separation Documents) 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. Chapter 2 contains guidance for preparation and distribution of the DD Form 214 and states for item 4 (Grade, Rate, or Rank), the active duty grade or active duty rank and pay grade at the time of separation will be entered. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002237 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1