of MSG at retirement by Vfxa0ov

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									                                 PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              12 August 2003
      DOCKET NUMBER:           AR2003087385


      I certify that hereinafter is recorded the true and complete record of the
proceedings of the Army Board for Correction of Military Records in the case of
the above-named individual.

       Mr. Carl W. S. Chun                                 Director
       Ms. Beverly A. Young                                Analyst


 The following members, a quorum, were present:

       Mr. Ted S. Kanamine                                 Chairperson
       Mr. William D. Powers                               Member
       Mr. Frank C. Jones                                  Member

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military
         records
      Exhibit B - Military Personnel Records (including
              advisory opinion, if any)

FINDINGS:

1. The applicant has exhausted or the Board has waived the requirement for
exhaustion of all administrative remedies afforded by existing law or regulations.
ABCMR Proceedings (cont)                                        AR2003087385

2. The applicant requests that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show the street address of his Home
of Record (HOR) as "12542" instead of "1254." He also requests correction of
his DD Form 214 to show he retired as a First Sergeant (1SG).

3. The applicant states that his rank is listed as Master Sergeant (MSG) in
Block 4a on his DD Form 214 but the highest rank he held was 1SG. He
contends that his address in Block 7a is also incorrect and that it should read
"12542" not "1254." He submitted a copy of his DD Form 214; his
Noncommissioned Officer Evaluation Report (NCOER) covering the period
September 1998 through August 1999; a Personnel Action Form requesting
Special Qualification Identifier (SQI) "M" with endorsement approving award of
SQI "M;" and his diploma from the U.S. Army First Sergeant Course.

4. The applicant’s military records show that he enlisted in the Regular Army on
27 January 1982 at the Armed Forces Examining and Entrance Station located in
Chicago, Illinois. His DD Form 1966/1 (Application for Enlistment-Armed Forces
of the United States) indicates that he was residing at the address "12542" during
his enlistment processing. He underwent a medical examination prior to his
enlistment. His Report of Medical Examination shows his home address
as "12542."

5. The applicant reenlisted on 4 September 1985, 11 April 1989, 19 December
1991, 16 June 1995, and 22 July 1997. At the time of his reenlistments, his HOR
remained the same as listed on his initial enlistment contract.

6. The applicant was promoted to MSG on 1 May 1998. He completed the First
Sergeant course and was awarded SQI "M" effective 18 August 1998.

7. The applicant's NCOER covering the period September 1998 through August
1999 shows he served as a 1SG during this period.

8. The applicant's NCOERs covering the periods September 1999 through
August 2000 and September 2000 through August 2001 show his rank as MSG.

9. The applicant retired on 31 January 2002. Headquarters, United States Army,
Europe Orders 075-03 dated 16 March 2001 released him from active duty and,
on the date following, placed him on the retired list with a retired rank of MSG.
There is no evidence of record which shows that these orders were amended.

10. The applicant's DD Form 214 shows his rank as MSG.

11. Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military service or
control of the Army. It establishes standardized policy for the preparation of the
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ABCMR Proceedings (cont)                                          AR2003087385

DD Form 214. It provides a brief, clear-cut record of active Army service at the
time of release from active duty, retirement or discharge. In pertinent part, it
directs that the HOR at time of entry will be entered in Block 7b of the DD Form
214. This regulation states that the street, city, state and zip code will be
entered. HOR is the place recorded as the home of the individual when
commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of
active duty. The place recorded as the home of the individual when reinstated,
reappointed, or reenlisted remains the same as that recorded when
commissioned, appointed, enlisted, or inducted or ordered into the relevant tour
of active duty unless there is a break in service of more than one full day.

12. Army Regulation 635-200 (Enlisted Personnel, Personnel Separations),
chapter 12 states that noncommissioned officers holding the grade of MSG at
retirement, whose records show successful service as a 1SG, will be placed on
the retired list in the grade title 1SG. The only criteria for such placement on the
retired list are: (1) the soldier must be serving as, and retiring as, a MSG; (2) the
soldier must possess special qualification identifier "M;" and (3) the soldier must
have served as a 1SG as an E-8 (service as a 1SG while a Sergeant First Class,
E-7 does not qualify).

CONCLUSIONS:

1. The applicant enlisted in the Regular Army on 27 January 1982. At that time,
the street address of his HOR was recorded as "12542."

2. During the applicant's reenlistments, his HOR remained the same as recorded
on his initial enlistment contract. However, his DD Form 214 incorrectly shows
his address as "1254" in Block 7b.

3. Based on the foregoing, it appears that an administrative error has occurred in
this case and it would be appropriate to correct Block 7b on the applicant's
DD Form 214 to show the street address of his HOR as "12542."

4. The Board acknowledges that the evidence of record shows the applicant met
the eligibility criteria to have been placed on the retired list as a 1SG. However,
his DD Form 214 is meant to reflect his status as of his last day of active duty on
31 January 2002. As of that date, he was a MSG. Therefore, his DD Form 214
accurately reflects his rank as MSG.

5. His retirement orders reflect he was placed on the retired list as a MSG
effective 1 February 2002. However, the Board has determined that, in
accordance with the governing regulation, it would be appropriate to amend the
applicant's retirement orders to show he was placed on the retired list with a
retired rank of 1SG with an effective date of 1 February 2002.

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ABCMR Proceedings (cont)                                        AR2003087385

6. In view of the foregoing findings and conclusions, it would be appropriate to
correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be
corrected:

       a. by amending Block 7b on the applicant's DD Form 214 to show the
street address of his HOR as "12542" in lieu of "1254"; and

       b. by amending Headquarters, United States Army Orders, Europe
Number 075-03, dated 16 March 2001 to show he was placed on the retired list
with a retired rank of 1SG effective 1 February 2002.

2. That so much of the application as it relates to correction of his DD Form 214
to show he was retired in the rank of 1SG be denied.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                    ______________________
                                        CHAIRPERSON




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ABCMR Proceedings (cont)                             AR2003087385


                                INDEX

CASE ID                    AR2003087385
SUFFIX
RECON                      YYYYMMDD
DATE BOARDED               20030812
TYPE OF DISCHARGE          (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE          YYYYMMDD
DISCHARGE AUTHORITY        AR . . . . .
DISCHARGE REASON
BOARD DECISION             GRANT IN PART
REVIEW AUTHORITY           Mr. Schneider
ISSUES     1.              100.0000
           2.
           3.
           4.
           5.
           6.




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