IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080019880
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, in effect, that his Honorable Discharge papers be corrected to show the rank of first lieutenant as opposed to the rank of second lieutenant currently shown.
2. The applicant states, in effect, that he was released in the rank of first lieutenant. This is an obvious clerical error as orders confirm his rank at the time of his release.
3. In support of his request, the applicant provides a copy of his discharge orders from his enlisted status to accept an appointment as a commissioned officer, his honorable discharge certificate from his officer status, and a copy of one of his reassignment orders showing his rank as first lieutenant.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The evidence shows the applicant was appointed as a Reserve commissioned officer of the Army as a first lieutenant from his former enlisted status on 8 January 1977.
3. A copy of Headquarters, First United States Army letter, Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, sections 591 and 593, dated 10 December 1976; and a copy of the corresponding DA Form 71 (Oath of Office - Military Personnel) are on file in the applicant's service personnel record. These documents show the applicant was appointed a commissioned officer in the rank of first lieutenant.
4. Orders 233-1, prepared by Headquarters, First United States Army, Fort George G. Meade, Maryland, dated 28 November 1977 show the applicant was released from assignment to the 330th General Hospital, Memphis, Tennessee, with an effective date of 29 November 1977 and assigned to the US Army Reserve (USAR) Control Group (Reinforcement), St. Louis, Missouri, due to conflicts he was experiencing between his Reserve service and his employment. The rank shown in the standard name line of these orders is first lieutenant.
5. On 23 August 1978, the Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, published AGUZ-PAD-R (N2) Orders 08-1080898 honorably discharging the applicant, effective 31 August 1978. The rank shown in the standard name line is second lieutenant.
6. On 31 August 1978, a DD Form 256A (Honorable Discharge Certificate) was prepared for the applicant. The applicant is identified as a second lieutenant on the discharge certificate.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army. Entries on the appropriate discharge certificate will be typed in capital letters followed by the social security number, grade [rank], and career branch.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the rank shown on his discharge certificate should read first lieutenant as opposed to the now shown second lieutenant. The applicant's contention has merit.
2. The evidence shows that the applicant was appointed a commissioned officer in the rank of first lieutenant from his former enlisted status on 8 January 1977. There is no evidence the applicant ever served in the rank of second lieutenant. The applicant was reassigned from his unit to the USAR Control Group (Reinforcement) due to conflicts he was experiencing between his Reserve service and his employment and he was subsequently discharged from the Reserve on 31 August 1978.
3. In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has submitted and his service personnel records contain evidence that satisfies this requirement. He is therefore entitled to a correction of his honorable discharge papers to show he was honorably discharged in the rank of first lieutenant.
BOARD VOTE:
___x____ ___x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. amending Office of The Adjutant General, Reserve Components Personnel and Administration Center Orders 08-1080898 to show the applicant was honorably discharged from the USAR, effective 31 August 1978, in the rank of first lieutenant; and
b. providing to the applicant an appropriate document to replace the DD Form 256A to show he was honorably discharged from the USAR in the rank of first lieutenant.
_________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) AR20080019880
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ABCMR Record of Proceedings (cont) AR20080019880
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