IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100016755
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 reflect his appointment as a United States Army Reserve (USAR) captain and his completion of a bachelor's degree.
2. The applicant states his DD Form 214 does not reflect his appointment as a USAR captain and his completion of a bachelor's degree. Accordingly, he desires this administrative error corrected.
3. The applicant provides a one-page letter explaining his application and listing his enclosures.
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. The applicant enlisted in the Regular Army on 24 July 1967. He continued to serve through a series of continuous reenlistments and attained the rank of sergeant first class in 1974.
3. On 21 May 1976, he accepted a USAR appointment as a warrant officer one (WO1) and entered active duty that date. On 14 December 1977, he accepted a Regular Army appointment as a WO1. He was promoted to the rank of chief warrant officer two (CW2) on 21 May 1978.
4. On 13 January 1981, he accepted a USAR appointment as a captain and continued to serve on active duty as a Regular Army warrant officer. He was promoted to the rank of chief warrant officer three (CW3) on 1 November 1982.
5. On 25 April 1987, he was conferred a Bachelor of Arts degree in Human Resource Administration by St. Leo University.
6. On 31 July 1988, he was retired in the rank of CW3 and he was transferred to the Retired List effective 1 August 1988. He completed 26 years and 7 days of active service.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. This regulation makes no provisions for entering civilian education or reserve appointments on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed as a USAR captain while serving on active duty as a Regular Army warrant officer and he completed a bachelor's degree prior to retiring from active duty. However, there are no provisions in the applicable regulation that provide for the entry of those items of information on the DD Form 214.
2. Accordingly, it appears his DD Form 214 was properly prepared in accordance with the applicable regulation and, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.
3. 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 the aforementioned requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20100016755
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ABCMR Record of Proceedings (cont) AR20100016755
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