RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 09 SEPTEMBER 2004
DOCKET NUMBER: AR2004101613
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.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. James Vick | |Chairperson |
| |Mr. James Anderholm | |Member |
| |Ms. Linda Simmons | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. 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.
2. The applicant states that his DD Form 214 (Report of Transfer or
Discharge) shows his grade as captain; however, his actual grade was major.
She states that her late husband went into the Army in 1948 and got out in
1952. He went to college and reentered the military service in 1957,
retiring on 31 July 1973. She states that he was RIF [an acronym for
reduction in force] on 31 October 1970.
3. The applicant provides a copy of her late husband's 31 October 1970
DD Form 214, a copy of his 31 July 1973 DD Form 214, a copy of a 31
July 1973 certificate of appreciation which shows his grade as major, a
copy of a 1 August 1973 certificate of retirement which shows his grade as
major, a copy of an application for arrears in pay that her late husband
submitted to the finance center regarding his accrued leave, and a copy of
his death certificate showing his date of death as 16 July 2001.
CONSIDERATION OF EVIDENCE:
1. The FSM served in the Naval Reserve from 8 July 1947 to 3 August 1948.
He enlisted in the Regular Army for three years on 3 August 1948. He was
discharged in the grade of corporal on 9 May 1952.
2. On 22 April 1957 he was appointed a Signal Corps second lieutenant in
the Army Reserve. He was promoted to first lieutenant in the Army Reserve
on 2 November 1958. On 15 May 1959 he was appointed a first
lieutenant, AUS (Army of the United States), concurrent with his
appointment in the Regular Army on that date. He was promoted to captain
in the AUS on 22 November 1961 and to captain in the Regular Army on 12
August 1962.
3. He was notified on three occasions of his non-selection for promotion
to major, AUS, and on 25 April 1969 of his non-selection for promotion to
major in the Regular Army.
4. On 1 July 1970 the FSM submitted a letter of resignation. His request
was approved and he was discharged on 31 October 1970 in the grade of
captain. He had over 17 years of active service. On that same date, he
accepted an appointment as a captain in the Army Reserve.
5. On 1 November 1970 the FSM enlisted in the Regular Army for three years
in the grade of staff sergeant, and was assigned to Fort Campbell,
Kentucky. He reenlisted for four years on 12 February 1971 in the grade of
staff sergeant.
6. The FSM received two officer efficiency reports while serving as an
enlisted man, both showing his Reserve grade as captain.
7. On 20 April 1973 the FSM requested that he be retired. His request was
accepted. He was discharged on 31 July 1973 in the grade of staff sergeant
and placed on the retired list on 1 August 1973 in his Reserve grade of
captain.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the FSM was discharged on 31 October 1970 in
the grade of captain, and that he was placed on the retired list in the
grade of captain on 1 August 1973. There is no evidence that the FSM was
promoted to major in any component, AUS, Regular Army, or USAR.
2. 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. Consequently, her request cannot
be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JV___ ___JA___ ___LS __ 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.
_____James Vick________
CHAIRPERSON
INDEX
|CASE ID |AR2004101613 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040909 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |102.02 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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