IN THE CASE OF: BOARD DATE: 9 October 2020 DOCKET NUMBER: AR20200001767 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * block 11 (Primary Specialty) – "M" (Special Qualification Identifier (SQI)) * block 18 (Remarks) – First Sergeant (1SG) period of service "20120501 – 20141118" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlisted Records Brief, dated 1 August 2019 * Orders 242-1101, Headquarters, United States Army North (Fifth Army), dated 30 August 2018 * Orders 088-1107, Headquarters, United States Army North (Fifth Army), dated 29 March 2019 * DD Form 214 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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, in effect, he served in a 1SG position in Afghanistan and in Garrison from 1 May 20012 to 18 November 2014 and requests his highest grade held during his active duty service to be his retired grade. He contends it is an injustice for him not to be allowed to have the rank of "1SG" listed on his retirement identification card. 3. On 14 November 1994, the applicant enlisted into the Regular Army. 4. A review of the applicant's record shows: * DA Form 2166-8 (NCO Evaluation Report) with through date 6 March 2014 shows his primary military occupational specialty code (PMOSC) as "68W5M" (Combat Medic Specialist with SQI "M" (1SG)) * Enlisted Records Brief, dated 1 August 2019, shows he was promoted to Master Sergeant on 1 April 2012 * Section I – Assignment Information shows his Primary MOS (PMOS) as 68W and his Skill/Special Qualification Indicator (SQI) as 8Q * Section VI – Military Education shows entry "CO CDR/1SG PRE-CMD CRS" - 2014 * Section IX – Assignment Information shows his duty title as 1SG for a total of 31 months while assigned to "0296CSBN MED CO FSB H" – 1 May 2012 – 17 Nov 2014 5. Orders 088-1107, Headquarters, United States Army North (Fifth Army), dated 29 March 2019, shows the applicant was reassigned to Fort Sam Houston, TX for separation processing and his rank was listed as Master Sergeant (MSG). 6. Orders 242–1101, Headquarters, United States Army North (Fifth Army), dated 30 August 2018, shows his effective retirement date was 31 July 2019 and he was placed on the retirement list on 1 August 2019 in the retired grade/date of rank of 1SG, effective 1 August 2019. 7. On 31 July 2019, the applicant was honorably retired. His DD Form 214 shows: * block 4a (Grade, Rate or Rank) – MSG * block 18 (Remarks) – is void of the entry "Retired List Grade 1SG" 8. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), dated 6 June 2005 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. (Note: This pertains only to the retirement orders and means the retirement orders will show the Soldier was placed on the retired list as a (1SG).) 9. Army Regulation (AR) 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. Paragraph 5-6 of this regulation provides detailed instructions for data required in each block of the DD Form 214. a. Block 4: Grade, Rate, or Rank. Verify that active duty grade or rank and pay grade are accurate at time of separation. (Note: This means that the rank/grade held at the time of separation/retirement will be entered in this block.) b. Block 11: Primary Specialty. 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. For time determinations, 16 or more days count as a month. Do not count time in training (basic training, advanced individual training, or MOS- producing school). Primary specialty MOS is awarded by Service school completion or by publication of orders awarding the MOS. (1) 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. When MOSCs merge at skill level 5, or convert to another MOSC, make separate entries for the highest skill level in each MOSC held for at least 1 year. (2) A single additional skill identifier may be listed immediately following the five- character MOSC. c. Block 18: Remarks. There is no provision for making an entry in block 18 for Active Duty enlisted Soldiers who served in the rank/grade of 1SG/E-8 previously and then held the rank/grade of MSG/E-8 at the time of their separation/Retirement for sufficient service for retirement. Further there is no provision for adding an entry to show these enlisted Soldiers were placed on the retired list in the rank/grade of 1SG/E-8. Additionally, there is no provision for adding an entry for the length of time a Soldier service as a 1SG. 11. Department of the Army (DA) PAM 611-21 (Military Occupational Classification and Structure) provides a summary of officer, warrant officer, and enlisted classification structures. The Smartbook DA PAM 611-21 shows for Code: M (First Sergeant) the qualifications: a. Successfully serve a minimum of 365 days in a first sergeant position and be approved for award of Skill Qualification Identifier (SQI) M identifier by the Battalion Commander or equivalent level authority. b. Requests for Award. Request for permanent award of SQI M will be submitted for processing through Solders unit personnel office. Request should include DA 4187 (Personnel Action) with other block (SQI M (First Sergeant)) checked, DA Form 4187-1 (Personnel Action Form Addendum) endorsement of Lieutenant Colonel (LTC) or above commander or equivalent and supporting documents (Enlisted Records Brief (ERB), Senior NCO Evaluation Reports (SNCOER), etc.), showing successful periods of service as first sergeant. 12. Army Regulation 614–200 (Enlisted Assignments and Utilization Management) provides guidance for the selection of enlisted soldiers for assignment, utilization, reclassification, details, transfers, and training. Section IV (First Sergeant Positions) shows: a. Paragraph 8–22 (Awarding skill qualification identifier "M') states the award of the SQI "M" will be made based on the criteria in DA Pam 611–21, table 12–1. Approval authority for award of the SQI “M” will remain with the Soldier’s battalion commander (or equivalent), and the PSB will publish orders awarding the SQI. b. Paragraph 8–23 (Required training) states all AA first time 1SGs will attend the FSC through the Total Army Training System (TATS) prior to assumption of duties. All soldiers selected to fill 1SG positions in CONUS and OCONUS (long tour) will attend FSC. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The applicant's rank/grade were properly listed on the DD Form 214 as MSG/E-8 in accordance with Army Regulation 635-8, as that is the rank the applicant held at the time of his retirement and there is no provision for noting the period of time a Soldier served in the rank of 1SG in item 18. The applicant's retirement orders properly show his retirement rank as 1SG in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). The retirement orders and not the DD Form 214 are the proper place to address the retired rank of 1SG. 3. The evidence of record indicates the applicant served successfully as a 1SG for more than one year, and he completed the appropriate schooling. He does not appear to have gone through the proper process to make SQI "M" permanent. Other than going through the official channels to make the SQI permanent, the applicant met the criteria for SQI "M." The Board determined the applicant's DD Form 214 should be corrected to show SQI "M." ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 11 of his DD Form 214 to show Special Qualification Identifier "M" in the fifth place of his military occupational specialty code. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding an entry to item 18 of his DD Form 214 documenting his period of service as a First Sergeant. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. Paragraph 5-6 of this regulation provides detailed instructions for data required in each block of the DD Form 214. a. Block 4 (Grade, Rate, or Rank) verify that active duty grade or rank and pay grade are accurate at time of separation. b. Block 11 (Primary Specialty) 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. For time determinations, 16 or more days count as a month. Do not count time in training (basic training, advanced individual training, or MOS- producing school). Primary specialty MOS is awarded by Service school completion or by publication of orders awarding the MOS. (1) 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. When MOSCs merge at skill level 5, or convert to another MOSC, make separate entries for the highest skill level in each MOSC held for at least 1 year. (2) A single additional skill identifier may be listed immediately following the five- character MOSC. c. Block 18 (Remarks) There is no provision for making an entry in block 18 for Active Duty enlisted Soldiers who served in the rank/grade of 1SG/E-8 previously and then held the rank/grade of MSG/E-8 at the time of their separation/Retirement for sufficient service for retirement. Further, there is no provision for adding an entry to show these enlisted Soldiers were placed on the retired list in the rank/grade of 1SG/E-8. Additionally, there is no provision for adding an entry for the length of time a Soldier service as a 1SG. 3. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), provides standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Paragraph 12–17 (Grade title on retired list of former first sergeants) states Noncommissioned officers holding the grade of master sergeant at retirement, whose records show successful service as first sergeant, will be placed on the retired list in the grade title, first sergeant. The following are the only criteria for such placement on the retired list: a. The Soldier must be serving in and retiring in the grade of MSG. b. The Soldier must possess special qualification identifier "M." c. The Soldier must have served as first sergeant in grade of MSG. No minimum time period is specified. Service in the duty action of first sergeant while in the grade of SFC does not meet this requirement. 4. Department of the Army (DA) PAM 611-21 (Military Occupational Classification and Structure) provides a summary of officer, warrant officer, and enlisted classification structures. The procedures contained in this pamphlet implement policy contained in AR 611–1. The latest approved changes to procedures, specifications, and standards of grade (SG) contained in this pamphlet are available in Smartbook DA Pam 611–21 https://login.milsuite.mil/?goto=https%3a%2f%2fwww.milsuite.mil%3a443%2fbook%2fgr oups%2fsmart-bookdapam611-21%2fcontent. Smartbook DA PAM 611-21 shows for Code: M (First Sergeant) the qualifications: a. Successfully serve a minimum of 365 days in a first sergeant position and be approved for award of Skill Qualification Identifier (SQI) M identifier by the Battalion Commander or equivalent level authority. b. Requests for Award. Request for permanent award of SQI M will be submitted for processing through Solders unit personnel office. Request should include DA 4187 (Personnel Action) with other block (SQI M (First Sergeant)) checked, DA Form 4187-1 (Personnel Action Form Addendum) endorsement of Lieutenant Colonel (LTC) or above commander or equivalent and supporting documents (Enlisted Records Brief (ERB), Senior NCO Evaluation Reports (SNCOER), etc.), showing successful periods of service as first sergeant. 5. Army Regulation 614–200 (Enlisted Assignments and Utilization Management) provides guidance for the selection of enlisted soldiers for assignment, utilization, reclassification, details, transfers, and training. Section IV (First Sergeant Positions) shows: a. Paragraph 8–22 (Awarding skill qualification identifier "M') states the award of the SQI "M" will be made based on the criteria in DA Pam 611–21, table 12–1. Approval authority for award of the SQI “M” will remain with the soldier’s battalion commander (or equivalent), and the PSB will publish orders awarding the SQI. As an exception, soldiers in short tour areas may be awarded the SQI “M” by the first General Officer (GO) in the chain of command after 180 days successful completion of 1SG duty. Soldiers awarded the SQI “M” for 1SG duty in short tour areas, who are not school trained, should attend the First Sergeant Course (FSC) prior to the next assignment as 1SG. b. Paragraph 8–23 (Required training) states all AA first time 1SGs will attend the FSC through the Total Army Training System (TATS) prior to assumption of duties. All soldiers selected to fill 1SG positions in CONUS and OCONUS (long tour) will attend FSC. In the event emergency requirements preclude sending a soldier to FSC prior to assuming 1SG duties, the soldier must attend FSC within six months of assuming 1SG duties. Waiver authority for this deferred school attendance is delegated to the first GO in the soldier’s chain of command. This waiver authority applies to CONUS as well as OCONUS commands. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001767 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1