IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100023324
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, correction of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late husband, a former service member (FSM), to show his rank as captain (CPT).
2. She states, in effect, his DD Form 214 does not reflect his rank as CPT, a promotion which occurred during his service in the U.S. Army Reserve (USAR). He was promoted to CPT on 18 September 1970 in the USAR. He was discharged from the Army on 13 December 1973. She would like to obtain a veteran's marker for his burial and would like the marker and his military records to reflect his rank as a CPT at the time of his honorable discharge from the service.
3. She provides:
* DD Form 214 for the period ending 6 June 1967
* CPT promotion memorandum
* USAR discharge orders
* Honorable Discharge Certificate
* DD Form 215 (Correction to DD Form 214)
* FSM's death certificate
CONSIDERATION OF EVIDENCE:
1. The FSM's military records show he was appointed in the USAR as a second lieutenant effective 6 June 1964.
2. He was ordered to active duty and entered active duty on 7 June 1965.
3. He was promoted to first lieutenant (1LT)/pay grade O-2 in the Army of the United States (AUS) and USAR effective 1 September 1966.
4. He was honorably released from active duty on 6 June 1967 and transferred to the USAR Control Group (Annual Training).
5. Item 5a (Grade, Rate, or Rank) of his DD Form 214 shows his rank as 1LT. Item 5b (Pay Grade) shows his pay grade as O-2. Item 6 (Date of Rank) shows his date of rank to 1LT as 1 September 1966.
6. He was promoted to CPT/pay grade O-3 in the USAR effective 18 September 1970.
7. He was honorably discharged from the USAR in the rank of CPT effective 13 December 1973. His discharge orders and Honorable Discharge Certificate show his rank as CPT.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, provided instructions for the preparation of the DD Form 214. The regulation stated that items 5a, 5b, and 6 would list the rank, pay grade, and the effective date of the individual's promotion to the rank and pay grade in which the individual was serving on the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the FSM was appointed in the USAR on 6 June 1964. He entered active duty on 7 June 1965. He was promoted to 1LT in the AUS and USAR effective 1 September 1966. He was released from active duty in the rank of 1LT on 6 June 1967 and transferred to the USAR. He was issued a DD Form 214 showing his rank and pay grade as 1LT/O-2.
2. The FSM was promoted to CPT in the USAR effective 18 September 1970. He was honorably discharged from the USAR in the rank of CPT effective 13 December 1973. He was issued discharge orders and an Honorable Discharge Certificate showing his rank as CPT.
3. There is no evidence and none was provided by the applicant to show the FSM was promoted to CPT prior to his release from active duty on 6 June 1967. In accordance with the provisions of Army Regulation 635-5, he was released from active duty in the rank of 1LT/pay grade O-2 with a date of rank of 1 September 1966. He was promoted to CPT in the USAR after his release from active duty. His rank of CPT was properly listed on his December 1973 discharge orders and Honorable Discharge Certificate.
4. In view of the foregoing, the applicant is not entitled to correction of her late husband's DD Form 214 for the period ending 6 June 1967 to show his rank as CPT.
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 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) AR20100023324
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023324
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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