IN THE CASE OF: BOARD DATE: 23 December 2010 DOCKET NUMBER: AR20100017923 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and any other relevant military records to show he was promoted to first lieutenant (1LT). 2. The applicant states he was promoted to 1LT around 1964 prior to completion of his service obligation and discharge. 3. The applicant provides a promotion certificate. CONSIDERATION OF EVIDENCE: 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's records show he was appointed as a Corps of Engineers second lieutenant (2LT) in the U.S. Army Reserve (USAR) and executed an oath of office on 22 February 1957. 3. He entered active duty for training (ACDUTRA) on 22 May 1957 and attended the Engineer Officer Basic Course from May to August 1957. He was honorably released from ACUDTRA on 21 November 1957 to the control of his USAR unit. 4. Items 3a (Grade, Rate or Rank) and 3b (Date of Rank) of his DD Form 214 show the entries "2LT" and "22 May 1957" respectively. 5. On 13 September 1961, Headquarters, XXI U.S. Army Corps, Indiantown Gap Military Reservation, Annville, PA, announced the applicant's promotion to 1LT in the USAR effective 21 February 1960. 6. On 26 March 1964 and 31 March 1965, by memoranda, Headquarters, Second U.S. Army, Fort George G. Meade, MD, notified the applicant that he was considered for promotion to captain but in each case, he was not selected. 7. He was honorably discharged from the USAR on 15 June 1965. The orders that directed his discharge listed his rank as a 1LT. 8. War Department Technical Manual 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. These regulations state, in pertinent part, that the purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation. The DD Form 214 is prepared for all Soldiers separated from active duty due to discharge, release from active duty or transfer to a Reserve Component, or retired. Item 3 of the DD Form 214 shows the grade held at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant entered ACDUTRA on 22 May 1957 and he was honorably released from ACDUTRA on 21 November 1957. His rank during this period of active duty was 2LT. This rank is correctly shown on his DD Form 214. 2. He was promoted to 1LT on 21 February 1960, some 14 months after his release from active duty. He held this rank throughout his USAR service and he was honorably discharged on 15 June 1965 in the rank of 1LT. 3. His DD Form 214 correctly shows his rank as 2LT and his USAR discharge order correctly shows his rank as 1LT. 4. In view of the foregoing evidence, there is no correction to be made in this case and the applicant is not entitled to the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20100017923 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100017923 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1