| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: The retirement grade of major shown on his DD Form 214 (Report of Separation from Active Duty).
APPLICANT STATES: That he was given wrong information as to proper corrective action, he was told to wait until he had completed 30 years total service in the active Retired Reserve. He submits a copy of his separation orders dated 2 May 1978 and his DD Form 214 in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Reserve as a second lieutenant effective 9 July 1968, with prior service. He entered on active duty the same day.
He was appointed to second lieutenant, Army of the United States (AUS) effective 21 August 1968.
He was promoted to first lieutenant, AUS, effective 9 July 1969 and promoted to captain, AUS effective 9 July 1970.
He was promoted to captain, USAR, effective 9 July 1970.
He was issued a promotion memorandum dated 9 May 1977 indicating promotion to major, USAR effective 8 July 1977.
This promotion memorandum advised the applicant that if he was serving on active duty in a commissioned grade lower than that to which promoted in the Reserve, he may elect to be released from active duty and receive the promotion after his release from active duty. If he did not decline the promotion and remained on active duty, he would be deemed to have a accepted a temporary (AUS) appointment in the grade in which serving on active duty and his promotion as a Reserve will not affect his active duty grade.
He was honorably separated for length of service retirement, as a captain effective 31 July 1978. He was transferred to the USAR Control Group (Retired Reserve). He was credited with 20 years, 5 months and 10 days total active service and 24 years, 3 months and 9 days total service for pay. He was placed on the Retired List on 1 August 1978 in the rank of major.
On 12 September 1982, the Army Reserve Personnel Center, Verification Section, advised the applicant that his grade or rank as shown on his
DD Form 214 was correct in accordance with documents found in his record. He was further advised that items 6a and b of his DD Form 214 must reflect his active duty grade or rank and pay grade at time of separation.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In view of the circumstances in this case, the applicant is not entitled to correction to his DD Form 214 to reflect his retired grade as major. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board notes his contentions; however, the applicant was promoted to major in the Reserve and that promotion could not become effective while he was on active duty in a lower grade. There is no record and no evidence has been provided to show that the applicant was promoted to major, AUS or that to show that he was serving in the grade of major at the time of his discharge. He could have elected to be released from active duty for the promotion to major, but chose not to do so. He was properly released from active duty on 31 July 1978 and placed in the USAR Control Group, promoted and placed on the Retired List as a major.
3. The retirement orders submitted by the applicant supporting his contention that he was promoted to the grade of major, dated 2 May 1978, show his highest grade held on active duty was captain, not major.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_pm_____ _rvo____ _jpi____ DENY APPLICATION
| CASE ID | AR2002068447 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020530 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.09 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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