IN THE CASE OF: 
BOARD DATE: 11 October 2023 
DOCKET NUMBER: AR20230007247 


APPLICANT REQUESTS:  an amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the rank of first sergeant/1SG. 

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

•DD Form 149 (Application for Correction of Military Record)

•Enlisted Record Brief

•DA Form 2166-8 (NCO Evaluation Report (NCOER)) dated 14 October 2010

•DA Form 2166-8 dated 28 January 2011

•Orders 323-0002 dated 19 November 2013




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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he is requesting an amendment to his DD Form 214 to reflectthe rank of 1SG. His military retirement identification (ID) card also reflects the incorrectrank of master sergeant (MSG). He was promoted to the rank of MSG in December2007; however, his principal duty title reflects he was rated as a 1SG between 2009 and2011. Additionally, his retirement order indicate he was retired at the rank of 1SG. He isrequesting the change on his DD Form 214 and in DEERS to allow him to obtain anappropriate military ID. The applicant further cites Army Regulation 635-200 (ActiveDuty Enlisted Administrative Separations), available for review in the references.

3.The applicant provides:

a.His Enlisted Record Brief, to be referenced in his service record.

b.Two NCOERs with the below listed dates.  Block c (Rank) is listed as 1SG, andPart IIIa. (Principal Duty Title) is listed First Sergeant. 
•31 October 2009 to 29 September 2010

•30 September 2010 to 7 January 2011



c.Orders 323-0002, dated 19 November 2013, honorably retired the applicant fromactive duty with an effective date of 31 August 2014, also to be reference in the service record. 

4.A review of the applicant’s service record shows:

a.He enlisted in the Regular Army on 19 January 1993.



b.His Enlisted Record Brief shows:

•Date of Rank for MSG – 1 December 2007

•First Sergeant – 9th Military Police Detachment, 29 October 2009

•First Sergeant – 9th Military Police Detachment, 29 September 2010

•Service in the Department of the Army Inspector General Office from 4February 2011 through his retirement



c.Orders 323-0001 dated 19 November 2013, identified the applicant as a MSG inthe header and assigned him to Fort Myer for his pre-retirement briefing and to begin his transition with a report date of 31 August 2014 and a scheduled date of separation of 31 August 2014. 

d.Orders 323-0002 dated 19 November 2013, released the applicant from activeduty with an effective date of 31 August 2014 and on the date following placed him on the retired list. The applicant was identified on the header as MSG; however, he was retired in the grade of 1SG. 

e.He was retired from active duty on 31 August 2014. His DD Form 214 shows hecompleted 21 years, 7 months, and 12 days of active service.  Block 4a (Grade, Rate, or Rank) is listed as MSG and Block 4b (Pay Grade) is listed as E8. 

5.Correction of entries in the Defense Enrollment Eligibility Reporting System (DEERS)is not an action that falls under the purview of the ABCMR; therefore, it will not beconsidered by the Board. The Board will consider his request for an amendment to hisDD Form 214 to reflect the rank of 1SG.

6.By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's mostrecent period of continuous active duty.  It provides a brief, clear-cut record of all currentactive, prior active, and prior inactive duty service at the time of release from activeduty, retirement, or discharge. The information entered thereon reflects the conditionsas they existed at the time of separation. For Block 4 (Grade, Rate, or Rank) verify that active-duty grade or rank and pay grade are accurate at time of separation. 

7.By regulation (AR 635-200), noncommissioned officers holding the grade of mastersergeant at retirement, whose records show successful service as first sergeant, will beplaced on the retired list in the grade title, first sergeant. The following are the onlycriteria for such placement on the retired list:

a.The Soldier must be serving in and retiring in the grade of MSG.

b.The Soldier must possess special qualification identifier “M.”

c.The Soldier must have served as first sergeant in grade of MSG. No minimumtime period is specified. Service in the duty action of first sergeant while in the grade of SFC does not meet this requirement. 

BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence found


within the military record, the Board found that relief was not warranted. The Boardcarefully considered the applicant's record of service, documents submitted in supportof the petition and executed a comprehensive and standard review based on law, policyand regulation.  Upon review of the applicant’s petition and available military records theBoard determined the evidence presented does not demonstrate the existence of aprobable error or injustice. The Board noted the applicant’s record to show his primaryspecialty and list the special qualification identifier (SQI) “M”/(First Sergeant), indicatinghe successfully completed the Department of the Army First Sergeant Course.

2.Evidence in the record reflect the applicant served as 1SG with the 9th MP


Detachment from 2009 to 2010. The applicant’s record accurately reflects on hisretirement orders his rank as 1SG.  However, the applicant was not serving as a firstsergeant when he retired. Based on regulatory guidance, the Board determined theoverall merits of this case are insufficient as a basis for correction of the records of theindividual concerned. Based on this the Board determined relief was not warranted anddenied relief.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:X :X :X 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. 


Microsoft Office Signature Line...
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 ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), in effectat the time, sets forth the basic authority for the separation of enlisted personnel.Paragraph 12-17 (Grade title on retired list of former first sergeants) statesnoncommissioned officers holding the grade of master sergeant at retirement, whoserecords show successful service as first sergeant, will be placed on the retired list in thegrade title, first sergeant. The following are the only criteria for such placement on the retired list: 

a.The Soldier must be serving in and retiring in the grade of MSG.

b.The Soldier must possess special qualification identifier “M.”

c.The Soldier must have served as first sergeant in grade of MSG. No minimumtime period is specified. Service in the duty action of first sergeant while in the grade of SFC does not meet this requirement. 

3.Army Regulation 635-5 (Separation Processing and Documents), in effect at thetime, states the DD Form 214 is a summary of the Soldier's most recent period ofcontinuous active duty. It provides a brief, clear-cut record of all current active, prioractive, and prior inactive duty service at the time of release from active duty, retirement,or discharge. The information entered thereon reflects the conditions as they existed atthe time of separation. For Block 4 (Grade, Rate, or Rank) verify that active duty gradeor rank and pay grade are accurate at time of separation. Use the following sourcedocuments when preparing a DD Form 214:

•Servicemember’s record brief (computer generated).

•Separation approval documents, if applicable.

•Separation order.

•Any other document authorized for filing in the AMHRR.



//NOTHING FOLLOWS//