IN THE CASE OF:	  

		BOARD DATE:	        25 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013285 


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 (Certificate of Release or Discharge from Active Duty) to his retired rank as that of captain (CPT) instead of sergeant first class (SFC).

2.  The applicant states that he was advanced on the Retired List from SFC to CPT when he reached his 30-year anniversary. 

3.  The applicant provides a copy of his Retiree Account Statement, dated 1 July 2008; and a copy of his DD Form 214, dated 31 October 1981, in support of his application.

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.  With prior service in the U.S. Coast Guard, the applicant’s records show he enlisted in the Regular Army for a period of 3 years on 21 August 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 62B (Engineer Equipment Repairman).  He was honorably discharged on 14 March 1967 for the purpose of immediate reenlistment and reenlisted in the Regular Army on 15 March 1967. 

3.  The applicant’s records also show that he attended the infantry Officer Candidate School (OCS) from May 1967 to July 1968 and that he was appointed as a Counter-Intelligence staff commissioned officer on 29 July 1968.  He held various staff and command positions and was promoted to CPT on 29 July 1970. He was honorably released from active duty and transferred to the U. S. Army Reserve (USAR) Control Group in the rank of CPT on 3 January 1974.

4.  On 4 January 1974, the applicant enlisted in the Regular Army as a sergeant (SGT) for a period of 3 years.  He was promoted to staff sergeant (SSG) on 2 August 1974 and extended his current period of enlistment by 6 months on 20 December 1976.  He was honorably discharged on 23 May 1977 for the purpose of immediate reenlistment and reenlisted for a period of 5 years on 24 May 1977.  He was promoted to SFC on 1 October 1978.  

5.  The applicant’s records show he was honorably released from active duty on 31 October 1981 and he was placed on the retired list on 1 November 1981.  Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of the DD Form 214 he was issued at the time show entries SFC and E-7.  

6.  On 5 November 1990, the Chief, Retirement Services, U.S. Army Reserve Center, St. Louis, Missouri, notified the applicant that he was advanced on the retired list to CPT, the highest active duty grade he satisfactorily held, effective 23 August 1990.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The active duty grade or rank and pay grade at the time of separation are entered in Items 4a and 4b and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 12h.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that the applicant served as a commissioned officer from 29 July 1968 to 3 January 1974 and attained the rank of CPT.  The DD Form 214 he was issued upon his honorable release from active duty correctly shows his rank/grade as that of CPT/O-3.

2.  The evidence of records further shows that subsequent to his release from active duty as a CPT, the applicant enlisted in the Regular Army and attained the rank of SFC.  He was honorably released from active duty on 31 October 1981 and he was placed on the retire list in his retired rank of SFC on 1 November 1981.  The DD Form 214 he was issued upon his retirement correctly shows his rank/grade as that of a SFC/E-7.

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  There is no provision in the regulation to reissue the DD Form 214 upon an individual’s advancement on the retired list.  The applicant’s rank at the time of his retirement was that of SFC and is correctly shown on his DD Form 214.  

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.


      _________XXX_____________
               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)                                         AR20080013285



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ABCMR Record of Proceedings (cont)                                         AR20080013285



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