ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 April 2019 DOCKET NUMBER: AR20170003489 1. Applicant Requests: correction of item 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 March 2005 to show 21X5M (First Sergeant). 2. Applicant’s Supporting Documents Considered by the Board: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders 03-335-00435, dated 1 December 2003 * DA Form 2166-8 (Noncommissioned (NCO) Evaluation Report (NCOER)), period covered June 2003 to May 2004 3. Facts and Analysis: a. 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. b. He states his position title while deployed was first sergeant. At the time he was discharged the personnel office (S1 section) could not make his DD Form 214 reflect his position title as first sergeant (1SG). Nothing was done, and now he is deployed again, but he is on Active duty and will not get a DD Form 214 because of his active duty status. He would like to correct his DD Form 214 to reflect his actual position while he was mobilized. c. The applicant’s official military personnel file contains an enlisted record brief (ERB) showing he served as a first sergeant from 1 June 2002 to 1 June 2005. It also contains NCOERs covering the period June 2003 to May 2005 showing he was rated as a first sergeant, and his duty MOS code was 21X5M. d. On 7 December 2003, Orders Number 03-335-00435 mobilized the applicant in the rank of 1SG, in support of Operation Iraqi Freedom. e. Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) prescribes policies and responsibilities for developing, maintaining, evaluating and revising the military occupational classification and structure for Enlisted career management field. Chapter 6, paragraph 6-6, states the military occupational specialty code provides more specific occupational identity than the MOS. f. The applicant was released from active duty on 1 March 2005. His DD Form 214 shows in item 4a (Grade, Rate, or Rank) the rank of 1SG. It also shows in item 11 (Primary Specialty) his MOS code was 21X5O, Construction Supervisor for 1 year and 3 months. g. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It directed that the titles of all MOSs served in for at least 1 year will be entered in item 11 and will include the number of years and months served. For an enlisted Soldier, also specify the first five (5) characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable. Enter "0" when not applicable. When MOSC merge at the skill level 5, make separate entries for the highest skill level in each MOSC below the skill level 5. Board Discussion: After review of the application and all evidence, the Board determined relief is warranted. The applicant’s contentions were carefully considered. His ERB does not show he was awarded the “M” SQI to reflect he completed the requirements to be appointed as a 1SG, and his record is absent orders for the SQI. He has NCOERs and deployment orders that show his rank as 1SG. His DD Form 214 at the end of his period of AD service shows his rank as 1SG; however, his MOS is listed as 25X5O (without the “M” SQI). Based upon the preponderance of evidence, the Board agreed his record should be corrected to show he was a qualified 1SG by placing the “M” SQI after his MOS on the DD Form 214. Board Vote: Member 1 Member 2 Member 3 :X :X :X Full Grant : : : Partial Grant : : : Formal Hearing Grant : : : Deny Board Determination/Recommendation: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Block 11 (Primary Specialty) on his DD Form 214 for the period ending 1 March 2005 by showing 21X5M instead of 21X5O. 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 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states for item 4 to enter active duty grade or rank and pay grade at time of separation. For item 11 (Primary Specialty) it states, from the ERB, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. For an enlisted Soldier, also specify the first five (5) characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable. Enter "0" when not applicable. When MOSC merge at the skill level 5, make separate entries for the highest skill level in each MOSC below the skill level 5. 3. Army Regulation 635-8 (Separation Processing and Documents), effective 10 March 2014, provides rules for completing the DD Form 214 and states that item 4 will be verified that the active duty grade or rank and pay grade are accurate at time of separation. Instructions for completing item 11 states to enter the titles of all MOSs awarded and held for at least 1 year during the current period of service and include for each MOS the number of years and months held. Primary specialty MOS is awarded by Service school completion or by publication of orders awarding the MOS. For an enlisted Soldier, specify the first five characters of the military occupational specialty code (MOSC), which includes three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. Enter “O” when not applicable. 4. Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) prescribes policies and responsibilities for developing, maintaining, evaluating and revising the military occupational classification and structure (MOCS) for Enlisted career management field (CMF), MOS, SQI and ASI. Chapter 6, paragraph 6-6, states the military occupational specialty code (MOSC) provides more specific occupational identity than the MOS. It is used to classify enlisted soldiers; to classify enlisted positions in requirement and authorization documents; to provide detailed occupational identity in records, orders, reports, management systems and data bases; as a basis for training, evaluation, promotion and other related management subsystem development. ABCMR Record of Proceedings (cont) AR20170003489 0 3