IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100017923
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 (Armed Forces of the United States Report of Transfer or Discharge) and any other relevant military records to show he was promoted to first lieutenant (1LT).
2. The applicant states he was promoted to 1LT around 1964 prior to completion of his service obligation and discharge.
3. The applicant provides a promotion certificate.
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 applicant's records show he was appointed as a Corps of Engineers second lieutenant (2LT) in the U.S. Army Reserve (USAR) and executed an oath of office on 22 February 1957.
3. He entered active duty for training (ACDUTRA) on 22 May 1957 and attended the Engineer Officer Basic Course from May to August 1957. He was honorably released from ACUDTRA on 21 November 1957 to the control of his USAR unit.
4. Items 3a (Grade, Rate or Rank) and 3b (Date of Rank) of his DD Form 214 show the entries "2LT" and "22 May 1957" respectively.
5. On 13 September 1961, Headquarters, XXI U.S. Army Corps, Indiantown Gap Military Reservation, Annville, PA, announced the applicant's promotion to 1LT in the USAR effective 21 February 1960.
6. On 26 March 1964 and 31 March 1965, by memoranda, Headquarters, Second U.S. Army, Fort George G. Meade, MD, notified the applicant that he was considered for promotion to captain but in each case, he was not selected.
7. He was honorably discharged from the USAR on 15 June 1965. The orders that directed his discharge listed his rank as a 1LT.
8. War Department Technical Manual 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. These regulations state, in pertinent part, that the purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation. The DD Form 214 is prepared for all Soldiers separated from active duty due to discharge, release from active duty or transfer to a Reserve Component, or retired. Item 3 of the DD Form 214 shows the grade held at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered ACDUTRA on 22 May 1957 and he was honorably released from ACDUTRA on 21 November 1957. His rank during this period of active duty was 2LT. This rank is correctly shown on his DD Form 214.
2. He was promoted to 1LT on 21 February 1960, some 14 months after his release from active duty. He held this rank throughout his USAR service and he was honorably discharged on 15 June 1965 in the rank of 1LT.
3. His DD Form 214 correctly shows his rank as 2LT and his USAR discharge order correctly shows his rank as 1LT.
4. In view of the foregoing evidence, there is no correction to be made in this case and the applicant is not entitled to the requested relief.
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.
_______ _ 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) AR20100017923
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100017923
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150010420
A review of the applicant's military personnel records failed to reveal evidence of * any adverse or derogatory information related to insulting/anti-Semitic comments by his raters/indorsers/reviewers/commanders * an erroneously reported/charged period of leave * being officially recommended for or * promoted to CPT * awarded the * Legion of Merit * Bronze Star Medal * Order of Merit * award of any individual foreign decoration 17. There is no evidence of record that shows he was...
ARMY | BCMR | CY2011 | 20110002026
A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. He was issued a DD Form 214 for this period of active duty. However, the evidence of record indicates that all of his active duty service was active duty for training.
ARMY | BCMR | CY2014 | 20140005525
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 6 August 1962, to show his rank/grade as captain (CPT)/O-3 vice first lieutenant (1LT)/O-2. His DD Form 214 for this period of service shows in: * Item 3a (Grade, Rate or Rank) - 1LT/O-2 * Item 3b (Date of Rank) - 1 November 1959 * Item 32 (Remarks) - Temporary 1LT,...
ARMY | BCMR | CY2001 | 2001059682C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that he was denied promotion to LTC in the USAR because: 1) there are two dates on his record for appointment as a second lieutenant (2LT), USAR, 14 June 1951, which is the correct one, and 23 October 1952, which caused error in computing promotion eligibility dates; 2) he was not promoted to first lieutenant (1LT), USAR, until 13 May 1955, 47...
ARMY | BCMR | CY2013 | 20130001253
The applicant provides DD Form 214 which shows his service number prefix as "FR." The service number prefix "ER" applied to prior service members of the Army Reserve including those transferred from the Army of the United States, Regular Army, or National Guard of the United States and those (age 26 years or over) who enlisted for 3 years with no service obligations under the Universal Military Training and Service Act. __________X___________ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2008 | 20080007145
He adds, in effect, that it was a failure of the United States Army Reserve (USAR) to promote him to 1LT with a date of rank concurrent with his Army National Guard (ARNG) appointment of 13 April 1953. The applicant also states, in effect, that another error was made when he was non-selected for promotion to CPT. Item 12 (Appointments) of the applicant's DA Form 66, Officer Qualification Record, shows he was promoted to 1LT in the Army of the United States effective 19 August 1951; to 1LT...
ARMY | BCMR | CY2007 | 20070002949
The applicant states, in effect, that he was eligible for promotion 24 months from his initial appointment date of 23 April 2004; however, he was not promoted at that time due to his transfer from the Army National Guard (ARNG) to the U.S. Army Reserve (USAR). The evidence of record also shows that the applicant transferred from the ARNG to the USAR, in the grade of 2LT, effective 12 April 2006, and was considered and selected for promotion to 1LT by the 2006 Administrative Selection Board...
ARMY | BCMR | CY2009 | 20090012630
The applicant requests correction of his military records to show his rank as captain (CPT) instead of first lieutenant (1LT) and award of the Army Commendation Medal. The applicant contends that his records should be corrected to show his rank as a CPT and award of the Army Commendation Medal. Although he was promoted to CPT 2 years later while in the USAR, his active duty rank is correctly shown on the DD Form 214.
ARMY | BCMR | CY2010 | 20100011555
The applicant provides copies of the following documentation in support of his request: * memorandum, dated 31 July 2007, subject: Request for Retroactive Commissioning * National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 13 May 2006 * DA Form 71 (Oath of Office - Military Personnel), dated 12 May 2006 * DD Form 220 (Active Duty Report), dated 13 November 2006 * appointment and/or promotion orders to 2LT and 1LT * active duty for training orders * NGB Form 62E (Application for...
ARMY | BCMR | CY2012 | 20120008614
The applicant states: * His DD Form 214 shows he was ordered to active duty for training (ACDUTRA) for 6 months from 13 March to 12 September 1957 * He completed officer training at Fort Belvoir, VA, and he was then transferred to Fort Leonard Wood, MO, where he served in a non-training status * The last 90 days of this service was conducted as executive officer of an Army company at Fort Leonard Wood, MO in an active status, from 13 June to 12 September 1957 * This period of active service...