ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 April 2019 DOCKET NUMBER: 20170002572 APPLICANT REQUESTS: * his grade/rank to be reflected as Sergeant (SGT)/E-5 on his DD Form 214 (Certificate of Release or Discharge from Active Duty) * to include the Military Occupational Specialty (MOS) of Firefighting IV (Air-Craft) on his DD Form 214 * an explanation of lined through items on his DA Form 2-1 (Personnel Qualification Record) * his Certificate of Achievement included on his DD Form 214 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * promotion orders * letter of commendation * DA Form 2-1 * Certificate of Achievement * DD Form 214 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 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: * he received his letter of promotion from Specialist 4 to SGT and it is not reflected on his DD Form 214 * his MOS training that he took is not reflected as one of his MOSs on his DD Form 214 * he performed in his trained MOS for over a year * his DA Form 2-1 show several items that have been crossed out and there is no explanation as to why this was done * 3. The applicant provides, and his records contain, Orders 19-141, Headquarters, 9th Infantry Division and Fort Lewis, dated 28 January 1981, which promotes him to SGT effective 1 February 1981 with a date of rank of 4 January 1981. 4. The applicant's records contain a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice), which shows he received an Article 15 on 3 September 1982 and was reduced to the grade/rank of Specialist/E-4. 5. The applicant provides a letter of commendation for his successful completion of the Firefighting IV (Air-Craft) correspondence course. Army Regulation 611-1, then in effect, listed the MOSs available during the applicant's years of service. A thorough examination of the regulation was conducted and it was void of an MOS with that title. 6. The applicant provides a certificate of achievement for inclusion on his DD Form 214. Army Regulation 635-5, in effect at the time, does not provide a provision to list a certificate of achievement or commendation to the DD Form 214. 7. The applicant provides a DA Form 2-1 for review. Entries on the DA Form 2-1 have been crossed out and the applicant requests information regarding the changes on the DA Form 2-1. In accordance with Army Regulation 640-2-1, then in effect, when making corrections to the data on the DA Form 2-1 a line is drawn through the incorrect data and a new line entry will be made with the correct data. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record of the applicant, the Board found no proper authoritative document to show he ever re-obtained the rank of Sergeant/E5 prior to discharge or official orders awarding him the Firefighting MOS. Additionally, the Board found insufficient justification for the lined out items on the applicant’s DA Form 2-1; therefore, the Board recommended denying the relief sought by the applicant relating to providing reasons for those entries. Finally, the Board determined that certificates of achievements are not achievements that are annotated on DD Form 214s. For that reason, the Board recommended denying all requested relief. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant XX XX XX : Deny 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. CHAIRPERSON Signed by: 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 of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (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 611-1, (Military Occupational Classification Structure Development and Implementation), then in effect, prescribed the policies and procedures for the structure of military occupational specialties within the Army. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the DD Form 214 as a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior duty, and prior inactive duty service at the time of released from active duty, retirement, or discharge. The instructions required the preparer to list all federally recognized awards and decorations for the separating Soldier's periods of service. There was no provision to list a COA or commendation. 4. Army Regulation 640-2-1 (Personnel Qualification Records), then in effect, prescribed the policies and procedures for completing the DA Form 2-1 (Personnel Qualification Record). The regulation states when making corrections to the data, line through the incorrect data and make a new line entry with the correct data. 5. Department of the Army Pamphlet 351-20 (Army Correspondence Course Program), then in effect, contained information of a general nature concerning the Army Correspondence Course Program. It contained general enrollment procedures and academic policies.