IN THE CASE OF: 
BOARD DATE: 17 August 2023 
DOCKET NUMBER: AR20230002546 


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and retirement orders to reflect her retirement rank as 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)

•Enlisted Record Brief (ERB)

•Headquarters (HQs), III Corps and Fort Hood Orders Number 090-0123

•HQs, III Corps and Fort Hood Orders Number 125-0111

•HQs, III Corps and Fort Hood Orders Number 125-0114

•HQs, III Corps and Fort Hood Orders Number 044-0111

•HQs, III Corps and Fort Hood Orders Number 044-0112

•DD Form 214, ending 30 April 2012

•Excerpt from Army Regulation (AR) 600-8-19 (Enlisted Promotions andReductions)



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

2.The applicant states in effect, her retirement application was approved while she wasserving in a 1SG position and her initial retirement orders reflected her retirement rankas 1SG. After an extension of her service was granted, the following orders reflectedher retirement rank as MSG since she was no longer assigned to a 1SG position. Shecontacted the Retirement Services Office (RSO) to inquire if she could retire as a 1SGon her DD Form 214 and retirement orders. The representative from the RSO told herno because the orders stated her retirement rank would be MSG. She considered beingselected for a 1SG position to take a unit on deployment to Afghanistan an honor andshe worked hard during her career and taking care of the Soldiers. She requests theBoard not slight what reflects the peak of her career and epitomize what she stood for,taking care of Soldiers and their families while accomplishing the missions. There are many MSGs and few can say there were a 1SG and she is proud to be one of them. She requests the Board correct her records to reflect she was retired in the rank of 1SG. 

3.A review of the applicant's service record shows:

a.The applicant enlisted in the Regular Army (RA) on 3 October 1983 withcontinued service through an extension and a reenlistment. 

b.The applicant was honorably discharged from active duty on 1 February 1990.

c.The applicant enlisted in the Army National Guard (ARNG) on 8 March 1994.

d.The applicant was honorably released from the ARNG on 31 January 1996 andassigned to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 

e.The applicant enlisted in the RA on 19 August 1997 with continued servicethrough reenlistments. 

f.DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report) for therating period 1 September 2009 through 31 August 2010 and 1 September 2010 through 31 March 2011 shows the applicant was rated as a 1SG for Bravo Company, 1st Battalion, 4th Combat Aviation Brigade.  

g.Enlisted Record Brief (ERB) dated 21 March 2011 shows the applicant waspromoted to the rank of MSG with the DOR of 1 August 2009. It also shows the applicant was assigned to the Bravo Company, 1st Battalion, 4th Combat Aviation Brigade, 1SG position on 28 May 2010. The ERB does not reflect the applicant was awarded the Special Qualification Identifier of 1SG (M). 

h.On 31 March 2011, Orders Number 090-0123, issued by Headquarters (HQs), IIICorps and Fort Hood, transferred the applicant to the USAR Control Group (Retired Reserve), effective 31 December 2011, and placed her on the retired list on 1 January 2012 in the rank of 1SG. 

i.On 5 May 2011, Orders Number 125-0111, issued by HQs, III Corps and FortHood rescinded Orders Number 090-0123. 

j.On 5 May 2011, Orders Number 125-0114, issued by HQs, III Corps and FortHood, transferred the applicant to the USAR Control Group (Retired Reserve), effective 30 April 2012, and placed her on the retired list on 1 May 2012 in the rank of MSG. 

k.On 22 November 2011, the Commanding General of the HQs, III Corps and FortHood, issued the applicant a General Officer Memorandum of Reprimand for assaulting her spouse, fleeing the scene of the incident, and resisting apprehension. 

l.On 13 February 2012, Orders Number 044-0111, issued by HQs, III Corps andFort Hood rescinded Orders Number 125-0114. 

m.On 13 February 2012, Orders Number 044-0112, issued by HQs, III Corps andFort Hood, assigned the applicant to the USAR Control Group (Retired Reserve), effective 30 April 2012, and placed her on the retired list on 1 May 2012 in the rank of MSG. 

n.On 30 April 2012, the applicant was honorably retired from active duty andassigned to the USAR Control Group (Retired Reserve). DD Form 214 shows in items: 

•4a (Grade, Rate or Rank): MSG

•4b (Pay Grade): E8

•18 (Remarks) is void of an entry for retirement in the rank of 1SG



4.The applicant provides:

a.Enlisted Record Brief dated 21 December 2011 shows the applicant's rank asMSG with the DOR of 1 August 2009. It also shows the applicant held the: 

•Bravo Company, 1st Battalion, 4th Combat Aviation Brigade, 1SG positionduring the period of 28 May 2010 through 26 March 2011

•4th Combat Aviation Brigade, Fort Hood, Rear Detachment 1SG positionduring the period of 27 Mar 2011 through 30 November 2011



The ERB does not reflect the applicant was awarded the Special Qualification Identifier of 1SG (M). 

b.Excerpt from AR 600-8-19 (Enlisted Promotions and Reductions) in effect at thetime, prescribes the enlisted promotions and reductions function of the military personnel system. Chapter 7 (Enlisted Promotion and Reduction of Army National Guard Personnel) prescribes policies, procedures, and systems to advance, promote, laterally appoint, and administrative reduction for all ARNG and ARNGUS enlisted Soldiers. Paragraph 7-11 (Lateral Appointment) j, noncommissioned officers who apply for transfer to the Retired Reserve before age 60 may be laterally appointed to their formerly held grades concurrent with their separation from the State and assignment. A former First Sergeant (1SG) who is a Master Sergeant (MSG) will be reappointed and assigned to the Retired Reserve as 1SG, provided the Soldier was not relieved for cause or the promotion was not revoked. Former Command Sergeants Major (CSMs) who are currently Sergeants Major (SGM) eligible for reappointment to CSM, per National Guard Regulation (NGR) 600–200 will be reappointed to CSM. State Adjutant Generals are the appointment authorities for these actions. Retirement orders and all related documents will show 1SG or CSM (see NGR 600–200). 


BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, a majority of the Board found relief is not warranted.

2.A majority of the Board found that, although the applicant served in a 1SG position,the record does not show that she held special qualification identifier “M,” which isrequired to be placed on the retired list in the rank of 1SG. Based on a preponderanceof the evidence, a majority of the Board determined her retirement rank is not in error orunjust.

3.The member in the minority found the record clearly shows the applicant served as a1SG and found no evidence indicating she should not have been retired in that rank.The member in the minority determined the applicant’s record should be corrected toshow her retired rank is 1SG.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:X : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: :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, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.AR 635-200 (Active Duty Enlisted Administrative Separations) in effect at the time,
sets policies, standards, and procedures to ensure the readiness and competency ofthe force while providing for the orderly administrative separation of Soldiers for avariety of reasons. Readiness is promoted by maintaining high standards of conductand performance.

a.Paragraph 12-13(d) (preparation of DA Form 2339) states if Soldier is currentlyserving in the grade of MSG but formerly served as 1SG, E8, enter the following statement (see para 12–17): "MSG (name) served satisfactorily as 1SG from (date) to (date)." 

b.Paragraph 12-17 (Grade title on retired list of former first sergeants),Noncommissioned officers holding the grade of MSG at retirement, whose records show successful service as 1SG, will be placed on the retired list in the grade title, 1SG. The following are the only criteria for such placement on the retired list: 

•Soldier must be serving in and retiring in the grade of MSG

•Soldier must possess special qualification identifier "M"• Soldier must have served as 1SG in grade of MSG. No minimum time period is specified. 


 
3.  AR 635-5 (Personnel Separations – Separation Documents) in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).  
 
 a.  Paragraph 2-1 (Preparing the DD Form 214), the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. 
 
 b.  Paragraph 2-4h (4) GRADE, RATE or RANK, enter active duty grade or rank and pay grade at time of separation from ERB/ORB. 
 
//NOTHING FOLLOWS//