IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100029155
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, as the widow of a former service member (FSM), requests correction of her husbands DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as lieutenant colonel (LTC) instead of major (MAJ).
2. She states she would like the FSMs record corrected so she can have his headstone processed properly. She believes the FSMs final promotion wasnt forwarded from the Reserve records to the Archives for the correction to be made.
3. She provides:
* DARP Form 249 (Chronological Statement of Retirement Points)
* DD Form 214
* Certificate of Death
CONSIDERATION OF EVIDENCE:
1. The FSM was appointed as a Reserve commissioned officer on 30 May 1956 in the rank of second lieutenant. He was ordered to active duty on 21 June 1957 and was released from active duty on 20 December 1957. His service record doesnt include a DD Form 214 for this period of active duty.
2. He was ordered to active duty on 17 May 1964. Item 12 (Appointments) of his DA Form 66 (Officer Qualification Record) shows he was promoted to MAJ in the Army of the United States (AUS) on 14 March 1968 and in the U.S. Army Reserve (USAR) on 27 May 1970.
3. Orders published on 8 June 1971 releasing him from active duty show his rank as MAJ on the standard name line.
4. He was honorably released from active duty on 10 June 1971. On the following day, he was transferred to the USAR (Standby).
5. Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214 shows he was separated in the rank and pay grade of MAJ/O-4. His service record doesnt indicate he was promoted to LTC prior to his release from active duty.
6. Item 30 (Remarks) of his DD Form 214 shows his temporary rank to MAJ (AUS) was 14 March 1968 and his permanent rank (USAR) was 20 May 1963. (This was his permanent captain date of rank.)
7. His Chronological Statement of Retirement Points for the retirement year beginning on 30 May 1956 and retirement year ending on 30 January 1984, shows his rank as LTC.
8. Orders published on 3 April 1984 released him from the USAR Control Group (Reinforcement) and reassigned him to the USAR Control Group (Retired), effective 28 June 1984. His rank is shown as LTC.
9. On 23 September 2010, a DD Form 215 (Correction to DD Form 214) was issued which amended item 17c (Date of Entry) of the FSMs DD Form 214 to show the entry 17 May 1964.
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, it directed that the grade in which enlisted personnel were serving at the time of separation would be entered in item 5a.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the FSMs records werent corrected to show his rank as LTC is acknowledged. However, the evidence of record doesnt indicate that an error or injustice exists in this case.
2. The FSMs service record is void of orders which show he was promoted to LTC prior to his release from active duty on 10 June 1971.
3. Based on Army Regulation 635-5, the rank in which Soldiers served at the time of separation from active duty will be shown on the DD Form 214. Therefore, his DD Form 214 properly reflects that he held the rank of MAJ on 10 June 1971, the date he was released from active duty. Therefore, there is no basis for correcting his DD Form 214 to show his rank as LTC.
4. However, the applicant may use this Record of Proceedings as verification that her late husband's highest grade satisfactorily held was LTC.
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) AR20100029155
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100029155
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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