Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003084390C070212
Original file (2003084390C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003084390

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Gail J. Wire Chairperson
Ms. Karen A. Heinz Member
Mr. Robert Duecaster Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 August 1962 be amended to show his rank as captain.

APPLICANT STATES: That his DD Form 214 shows his rank as first lieutenant. He separated as a captain and provides his discharge orders dated 18 October 1968 as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

He was commissioned a second lieutenant in the U. S. Army Reserve on 27 May 1957. He was on initial active duty for training from 25 January – 24 July 1958. He was promoted to first lieutenant on 26 May 1960.

Effective 1 October 1961, the applicant was ordered to active duty. He was released from active duty on 9 August 1962. His DD Form 214 for the period ending 9 August 1962 shows his rank as first lieutenant.

On 25 May 1964, the applicant was promoted to captain. Effective 30 September 1968, he was honorably discharged from the U. S. Army Reserve.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.

2. The applicant's DD Form 214 was meant only to show his status on the date he was released from active duty. He was a first lieutenant when he was released from active duty on 9 August 1962. He was not promoted to captain until May 1964. Therefore, there is no error on his DD Form 214.

3. 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

__gjw___ __kah___ __rd____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003084390
SUFFIX
RECON
DATE BOARDED 20030731
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | DRB | CY2005 | 20050012152

    Original file (20050012152.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 March 2006 DOCKET NUMBER: AR20050012152 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. This is true, since he was promoted to Major on 1 July 1955 he should have been moved up one rank upon retirement. This is not true, as per the attached Certificate of Retirement from the Armed Forces he retired on...

  • ARMY | BCMR | CY2004 | 20040006537C070208

    Original file (20040006537C070208.doc) Auto-classification: Denied

    The applicant requests, in effect, that his records be corrected to show he was promoted to lieutenant colonel and that he be paid non-Regular retired pay. His discharge was mandatory in accordance with the regulation governing the promotion of Reserve officers not on active duty unless he was eligible for and requested transfer to the Retired Reserve. Army Regulation 135-155 (Promotion of Commissioned Officers, other than General Officers), in effect at the time, provided that an...

  • ARMY | BCMR | CY2008 | 20080012034

    Original file (20080012034.txt) Auto-classification: Approved

    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. On 11 December 1963, the ABCMR recommended that all Department of the Army records be corrected to show the applicant was promoted to captain (CAPT)/pay grade O-3 in the USAR effective 6 October 1959 and that he was ordered to active duty on...

  • ARMY | BCMR | CY2004 | 20040009353C070208

    Original file (20040009353C070208.doc) Auto-classification: Denied

    The applicant states he was selected for promotion to captain while on active duty and he would have been promoted to captain on 1 January 2002. It noted he had been selected for promotion to captain while on active duty but before he was promoted he transferred to the IRR. The effective date of promotion and date of rank will be the same as if the officer had been selected to the same grade by a promotion board for RASL officers.

  • ARMY | BCMR | CY2003 | 2003085082C070212

    Original file (2003085082C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The FSM's military records show: The FSM's records show that he was promoted to Captain in the AUS with a date of appointment and a date of rank of 18 December 1951.

  • ARMY | BCMR | CY2004 | 20040003280C070208

    Original file (20040003280C070208.doc) Auto-classification: Approved

    Title 10, U. S. Code, section 619(a)(5)(c)(2)(C) states that the Secretary of the military department concerned may, by regulation, preclude from consideration by a selection board by which he would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the promotion board is convened. Paragraph 1-10e(1) stated that officers whose established separation or retirement date was within 90 days after the date on which the...

  • ARMY | BCMR | CY2006 | 20060015437C071029

    Original file (20060015437C071029.doc) Auto-classification: Denied

    The applicant provided a DA Form 137 dated on or about 9 August 1964 which shows his rank as SP5, E-5. His rank was listed as SP4 on this form. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.

  • ARMY | BCMR | CY2004 | 04101613C070208

    Original file (04101613C070208.doc) Auto-classification: Denied

    The applicant requests that the records of her late husband, a former service member (FSM), be corrected to show that he retired in the grade of major. His request was approved and he was discharged on 31 October 1970 in the grade of captain. Although the certificates that the applicant submits with her request show that her late husband's grade was major, there is no evidence to show that he was ever promoted to that grade.

  • ARMY | BCMR | CY2006 | 20060013014C071029

    Original file (20060013014C071029.doc) Auto-classification: Approved

    Ernestine R. Fields | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his records be corrected to show he served as the Commanding Officer (CO), 48th Surgical Hospital in Korea from October 1963 to May 1964. The applicant provides the following documents in support of his application: Headquarters, 48th Surgical Hospital (MA) Unit Orders Number 6, dated 23 February 1964; Request for...

  • ARMY | BCMR | CY2002 | 2002080450C070215

    Original file (2002080450C070215.rtf) Auto-classification: Approved

    An email from the U. S. Army Personnel Command, Office of Promotions, Reserve Components, dated 20 August 2002 indicates that the applicant can request consideration by the 1997 Lieutenant Colonel Selection Board as an omit from the 1997 board without going through this Board for approval. In accordance with information provided by the U. S. Army Reserve Personnel Command, the applicant can request consideration by the 1997 Lieutenant Colonel Selection Board as an omit from the 1997 board...