He may have been frocked to and worn the rank insignia of 1SG when he was an SFC and held a 1SG position but there is no evidence of record to show he was laterally by 0lM564c

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									                        MEMORANDUM OF CONSIDERATION


       IN THE CASE OF:



       BOARD DATE:               15 August 2000
       DOCKET NUMBER:          AR2000041252

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

       Mr. Carl W. S. Chun                                  Director
       Mrs. Nancy Amos                                      Analyst


  The following members, a quorum, were present:

       Mr. Thomas D. Howard, Jr.                            Chairperson
       Mr. Arthur A. Omartian                               Member
       Ms. Gail J. Wire                                     Member

        The Board, established pursuant to authority contained in 10 U.S.C. 1552,
convened at the call of the Chairperson on the above date. In accordance with Army
Regulation 15-185, the application and the available military records pertinent to the
corrective action requested were reviewed to determine whether to authorize a formal
hearing, recommend that the records be corrected without a formal hearing, or to deny
the application without a formal hearing if it is determined that insufficient relevant
evidence has been presented to demonstrate the existence of probable material error
or injustice.

       The applicant requests correction of military records as stated in the application
to the Board and as restated herein.

       The Board considered the following evidence:

       Exhibit A - Application for correction of military
                records
       Exhibit B - Military Personnel Records (including
                    advisory opinion, if any)
ABCMR                                   Memorandum                                        of
AR2000041252
Consideration (cont)

APPLICANT REQUESTS: That his records be corrected to show his rank as First
Sergeant (1SG) instead of Master Sergeant (MSG).

APPLICANT STATES: That he served as a 1SG and had received the special
qualification identifier (SQI). He was unaware that he could have retired with the rank
of 1SG.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 30 June 1972. He was promoted to Sergeant First
Class (SFC), E-7 on 10 August 1984. He was awarded primary military occupational
specialty (MOS) 31Y4M effective 15 February 1990 (“M” identifying the applicant as
1SG qualified.) His Personnel Qualification Record, DA Form 2-1, shows that he
served as a 1SG from 1 December 1989 through 6 January 1992. His three
noncommissioned officer evaluation reports (NCOERs) for this period show his duty
MOS as communications security custodian with no mention of 1SG duties.

On 1 January 1992, the applicant had been promoted to MSG in primary MOS 31Z5M.

The applicant’s DA Form 2-1 shows he was assigned to Headquarters and
Headquarters Company, 11th Signal Brigade, Fort Huachuca, AZ on 7 January 1992
and performed duties as a tactical communications chief. On 5 February 1992, he
applied for retirement. His application for voluntary retirement, DA Form 2339, shows
his current grade and MOS as MSG 31Z50. His Report of Medical Examination, SF
Form 88, dated 3 March 1992 shows his rank as MSG. His Report of Medical History,
SF Form 93, dated 3 March 1992 shows his rank as MSG. His Service Member’s
Statement Concerning Compensation from the Veterans Administration, DA Form
664,dated 30 June 1992, shows his rank as MSG. There is no available NCOER for
this period. There is no order or memorandum available to show the applicant was
laterally appointed from MSG to 1SG.

On 1 July 1992, the applicant retired in the rank and grade of MSG, E-8.

Army Regulation 611-201 prescribes the enlisted MOS classification structure of the U.
S. Army. Table 5-1 provides that SQI “M” is awarded to soldiers in the rank of SFC or
MSG who meet the requirements outlined in Army Regulation 614-200, chapter 8 and
successfully complete the Department of the Army 1SG Course or serve satisfactorily in
a 1SG position for 120 or more consecutive days.

Army Regulation 614-200 provides policies and procedures for selection of enlisted
personnel for assignment, transfers and training. Chapter 8 provides that soldiers who
successfully complete the Department of the Army 1SG Course or serve satisfactorily in
a 1SG position for 120 or more consecutive days will be awarded SQI “M.” SQI “M”
may be withdrawn as an administrative action only when the soldier requests withdrawal
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ABCMR                                    Memorandum                                     of
AR2000041252
Consideration (cont)

or when the commander or the U. S. Army Total Army Personnel Command consider
that the soldier is not fully qualified as a 1SG. SFC promotables who are assigned to
an authorized 1SG position may wear the rank of 1SG upon assumption of duties as a
1SG. Identification cards and official records will not be changed to show a frocked
grade. Commanders (lieutenant colonel or above) may authorize qualified soldiers in
the rank of MSG to be laterally appointed to fill 1SG positions within their command.
The lateral appointment may be announced using an Informal Memorandum. The
effective date will be to date the soldier assumes 1SG duties.

DISCUSSION: Considering all the evidence, allegations, and information presented by
the applicant, together with the evidence of record, applicable law and regulations, it is
concluded:

1. There is no evidence of record to show that the applicant ever held the rank and
grade of 1SG, E-8 or that he held a 1SG position after he was promoted to E-8. He
may have been frocked to and worn the rank insignia of 1SG when he was an SFC and
held a 1SG position but there is no evidence of record to show he was laterally
appointed to 1SG after he was promoted to MSG. The fact that he held SQI “M” until
his retirement is not evidence that he was laterally appointed to 1SG or performed 1SG
duties. It only meant that he remained qualified to hold a 1SG position.

2. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to
demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__tdh___ __aao___ __gjw___ DENY APPLICATION



                                              Carl W. S. Chun
                                    Director, Army Board for Correction
                                             of Military Records




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ABCMR                           Memorandum   of
AR2000041252
Consideration (cont)


                                  INDEX

CASE ID                AR2000041252
SUFFIX
RECON
DATE BOARDED           20000815
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION         (DENY)
REVIEW AUTHORITY
ISSUES        1.       131.00
           2.
           3.
           4.
           5.
           6.




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