IN THE CASE OF: BOARD DATE: 7 July 2011 DOCKET NUMBER: AR20110000244 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as a captain (CPT) and that he was transferred to the Individual Ready Reserve (IRR). 2. The applicant states that he desires his DD Form 214 to show that he was discharged in the rank of CPT and that he was serving in the IRR following his active duty. 3. The applicant provides a copy of his discharge orders from the U.S. Army Reserve (USAR). 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 was commissioned as a USAR Transportation Corps second lieutenant on 1 June 1969 and was subsequently granted an educational delay of entry on active duty to attend law school. 3. He was promoted to the rank of first lieutenant (1LT) on 3 June 1972 and on 7 August 1972 he was ordered to initial active duty for training (IADT) for a period of 3 months for the purpose of attending the Transportation Officer Basic Course at Fort Eustis, Virginia. 4. On 7 November 1972, he was honorably released from IADT and was transferred to the USAR Control Group (Annual Training). He had served 3 months and 1 day of active duty for training. 5. On 2 June 1976, he was promoted to the rank of CPT and on 31 May 1977 he was discharged from the USAR Control Group (Ready Reserve). 6. A review of his records failed to show that the applicant was issued any additional DD Forms 214 after his IADT. 7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is in effect during the period covered by the DD Form 214. Information or events that occur subsequent to the date the DD Form 214 is issued will not be entered retroactively on that form unless the information/event occurred during the period covered by the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contentions have been noted and found to lack merit. His promotion to the rank of CPT and his transfer to the IRR occurred subsequent to his IADT and the issuance of his DD Form 214. 2. Therefore, since these events occurred after the date his DD Form 214 was issued and since the DD Form 214 is supposed to be a document that reflects information that is in effect at the time it is issued, there is no basis to make the changes requested by the applicant. 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) AR20110000244 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000244 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1