IN THE CASE OF: 

		BOARD DATE: 17 February 2023

		DOCKET NUMBER: AR20220007746


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show he retired in the rank of first sergeant (1SG) vice 
master sergeant (MSG).

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER))

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 states, in effect, he served as a 1SG and would like his DD Form 214 
to reflect 1SG instead of MSG. He does not want his headstone to reflect MSG. The 
highest rank he achieved was 1SG and he does not want his DD Form 214 and 
headstone to reflect that.   

3.  The applicant's service record contains the following documents for the Board's 
consideration:

	a.  DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States) which shows the applicant enlisted in Regular Army on 18 August 1981 and 
served continuously until his length of service retirement. 

	b.  Orders Number 99-9, published by the U.S. Total Army Personnel Command, 
dated 9 April 1997 promoted the applicant to MSG, effective 1 May 1997.

	c.  The applicant received DA Forms 2166-7 (NCOER) in the rank of 1SG with "M" 
identifier from January 1998 to May 1998. The NCOERs are available for the Board's 
consideration. 
	d.  He received DA Forms 2166-7 in the rank of MSG from May 1999 to May 2001. 
The NCOERs are available for the Board's consideration.

	e.  DA Form 2-1 (Personnel Qualification Record) shows in item 35 (Record of 
Assignments) shows the applicant was in a 1SG position; however the effective date is 
illegible. 

	f.  DD Form 214 shows the applicant was honorably retired from active duty on 
31 August 2001 in the rank of MSG. He completed the 1SG Course in 1996. 

	g.  The applicant's service record was void of lateral appointment orders to 1SG or 
MSG. 

4.  The applicant provides a copy of his DA Form 2166-7 (NCOER) while he was a 1SG, 
which is available for the Board's consideration.


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 Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition, available military records, the Board 
determined there is sufficient evidence in the record to show his primary specialty and 
list the special qualification identifier (SQI) “M”/(First Sergeant), indicating he 
successfully completed the Department of the Army First Sergeant Course.  The Board 
agreed the applicant’s military education on his DD Form 214 does show he completed 
the 1SG course. Based on this, the Board granted relief to show he retired in the rank of 
first sergeant (1SG) vice master sergeant (MSG).


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 the applicant’s 
DD form 214 for the period ending 31 August 2001 to read in 4a (Grade, Rate or Rank) 
1SG.


	 
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 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 (Personnel Separations Enlisted Personnel) in effect at the 
time states in paragraph 12-17 Noncommissioned Officers holding the grade of MSG at 
retirement, whose records show successful service as First Sergeant, will be placed on 
the retired list in the grade title, First Sergeant. The following are the only criteria for 
such placement on the retired list:

*	must be serving in and retiring in the grade of MSG
*	must possess special qualification identifier "M" (M-identifier in Military 
Occupational Specialty awarded by attending the 1SG Course at an accredited 
NCO Academy)
*	must have served as First Sergeant in grade of MSG
*	No minimum time period is specified

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220007746


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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