IN THE CASE OF: BOARD DATE: 5 December 2022 DOCKET NUMBER: AR20220004474 APPLICANT REQUESTS: correction of U.S. Army Human Resources Command Orders P01-900446, 13 January 2009, to reflect his retired rank as command sergeant major (CSM) vice sergeant major (SGM). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for the Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Headquarters, 96th U.S. Army Reserve Command, Orders 044-065, 1 June 1993 * DA Form 1059 (Service School Academic Evaluation Report), 21 July 1995 * DA Form 4187 (Personnel Action), 15 January 1999 * Headquarters, U.S. Army Reserve Command, Memorandum (Retention Beyond Maximum Years of Service for Dual-Status Military Technicians), 26 November 2002 * Office of the Deputy Chief of Staff, G-1, Memorandum (Retention Beyond Maximum Years of Service for Dual-Status Military Technicians), 22 November 2002 * U.S. Army Reserve Personnel Command Orders C-12-232612, 19 December 2002 * U.S. Army Human Resources Command Orders P01-900446, 13 January 2009 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 he honorably served and completed his 4-year tenure as the CSM of the 328th Combat Support Hospital/328th Field Hospital from 15 December 1998 through 15 December 2002. He requests correction of his orders placing him on the Retired List to show his retired rank/grade as CSM/E-9 vice SGM/E-9. 3. Headquarters, 96th U.S. Army Reserve Command, Orders 044-065, 1 June 1993, promoted him to SGM effective 1 June 1993. 4. On 21 July 1995, he completed the nonresident U.S. Army Sergeants Major Course. 5. He was appointed to the rank of CSM and his rank of SGM was terminated effective 15 December 1998. 6. The Department of the Army Office of the Deputy Chief of Staff, G-1, memorandum (Retention Beyond Maximum Years of Service for Dual Status Military Technicians), 22 November 2002, approved his retention beyond his maximum years of service while employed as a dual-status military technician through the end of the month in which he reached age 60. His rank is shown as CSM. 7. U.S. Army Reserve Personnel Command Orders C-12-232612, 19 December 2002, reassigned him to the 96th Regional Support Command. His rank is shown as SGM. The additional instructions state: "Soldier completed tenure and accepted SGM position. Soldier has reappointment rights. Soldier is [an] SMA [Sergeants Major Academy] grad[uate]." 8. U.S. Army Human Resources Command Orders P01-900446, 13 January 2009, retired him and placed him on the Retired List. His rank is shown as SGM in the standard name line. His retired grade is shown as SGM/E-9. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The Board determined there is sufficient evidence to grant relief and amend the applicant’s rank to CSM. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 Orders P01- 900446 dated 13 January 2009, to reflect his retired rank as command sergeant major (CSM). 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, U.S. 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 600-8-105 (Military Orders), 28 October 1994, prescribed the policies and mandated operating tasks for the orders program of the Military Personnel System and is linked to Army Regulation 600-8 (Military Personnel Operations). It established standards and provided an operational document in logical sequence. a. Paragraph 2-5 (Standard Name Line) stated the standard name line for a Soldier consists of the name, social security number, current grade of rank, unit of assignment (including the unit identification code), and station of assignment. b. Figure 9-20 (Format 686, Retirement of Army National Guard of the United States and U.S Army Reserve Personnel for Qualifying Active Duty or Reserve or Reserve Service) stated to enter the retired grade of rank. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004474 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1