IN THE CASE OF:
BOARD DATE: 7 July 2011
DOCKET NUMBER: AR20110000244
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as a captain (CPT) and that he was transferred to the Individual Ready Reserve (IRR).
2. The applicant states that he desires his DD Form 214 to show that he was discharged in the rank of CPT and that he was serving in the IRR following his active duty.
3. The applicant provides a copy of his discharge orders from the U.S. Army Reserve (USAR).
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 was commissioned as a USAR Transportation Corps second lieutenant on 1 June 1969 and was subsequently granted an educational delay of entry on active duty to attend law school.
3. He was promoted to the rank of first lieutenant (1LT) on 3 June 1972 and on 7 August 1972 he was ordered to initial active duty for training (IADT) for a period of 3 months for the purpose of attending the Transportation Officer Basic Course at Fort Eustis, Virginia.
4. On 7 November 1972, he was honorably released from IADT and was transferred to the USAR Control Group (Annual Training). He had served 3 months and 1 day of active duty for training.
5. On 2 June 1976, he was promoted to the rank of CPT and on 31 May 1977 he was discharged from the USAR Control Group (Ready Reserve).
6. A review of his records failed to show that the applicant was issued any additional DD Forms 214 after his IADT.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is in effect during the period covered by the DD Form 214. Information or events that occur subsequent to the date the DD Form 214 is issued will not be entered retroactively on that form unless the information/event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and found to lack merit. His promotion to the rank of CPT and his transfer to the IRR occurred subsequent to his IADT and the issuance of his DD Form 214.
2. Therefore, since these events occurred after the date his DD Form 214 was issued and since the DD Form 214 is supposed to be a document that reflects information that is in effect at the time it is issued, there is no basis to make the changes requested by the applicant.
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) AR20110000244
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110000244
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004875
The applicant requests retroactive unit vacancy promotion to captain (CPT) in the U.S. Army Reserve (USAR) with back pay and allowances as well as retirement point credit. The applicant provides: * 2009 USAR Appointment memorandum * ARNG Retirement Points History Statement * Email exchange * BSN-STRAP Contract * National Guard Bureau (NGB) Form 62E (Application for Federal Recognition as an ARNG Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer...
ARMY | BCMR | CY2015 | 20150003375
On 7 March 2013, in response to his petition to the Air Force Board for Correction of Military Records, he was granted relief with regard to promotion to CPT in the U.S. Air Force Reserve. Years after his Army Reserve appointment, he petitioned the Air Force Board for Correction of Military Records which granted him relief with regard to promotion to CPT in the U.S. Air Force Reserve. As the advisory official stated, the applicant's name must be submitted through his higher headquarters to...
ARMY | BCMR | CY2012 | 20120005151
On 12 April 2011, a memorandum was dispatched from the U.S. Army Human Resources Command (HRC) at Fort Knox, Kentucky indicating that the applicant would be considered for promotion to the rank of CPT due to the fact that his date of rank was incorrect and his records were not reviewed by the 2011 CPT Army Promotion Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Allowing the applicant to complete an MSO...
ARMY | BCMR | CY2012 | 20120001106
The applicant states: * he had prior enlisted service in the Army National Guard (ARNG) * he was appointed a second lieutenant (2LT) in the U.S. Army Reserve (USAR) on 20 November 2007 * he was not slotted to attend his Basic Officer Leader Course (BOLC) until 16 March 2009 and given a class date of 21 August 2010 * he deployed to Iraq as a Department of the Army Civilian (DAC) * he attended BOLC from 21 March through 20 July 2011 * he was promoted to 1LT on 20 July 2011 3. The following...
ARMY | BCMR | CY2013 | 20130017779
While serving in the Alabama Army National Guard (ALARNG), he was recommended for promotion to CPT by a Department of the Army (DA) mandatory promotion board adjourning on 17 November 2005 with a promotion eligibility date of 23 September 2006. b. g. He is currently scheduled to be considered for promotion to CPT above the zone by a mandatory promotion board convening on 28 October 2013. h. Instead of being considered for mandatory promotion to CPT again, his effective DOR to the rank of...
ARMY | BCMR | CY2014 | 20140009475
In the USAR, the applicant was only promoted to 1LT/O-2. In 2002, the applicant states that ARPERCEN sent him a letter stating that he was eligible for promotion to CPT/O-3 with an effective date of 1993 within the USAR; however, CTARNG would not honor that promotion. These boards do not reconsider officers who were not considered or not selected by mandatory promotion boards that convened before 1 October 1996. b. Paragraph 3-19c states these boards are convened to correct/prevent an...
ARMY | BCMR | CY2013 | 20130017566
The applicant states his current DOR for CPT is recorded on his Officer Record Brief (ORB) as 3 November 1995. On 7 November 1995, the FLARNG published Orders P311-006 promoting him from 1LT to CPT effective 3 November 1995. His DOR to CPT is correct.
ARMY | BCMR | CY2009 | 20090002410
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. Title 10, USC, Subtitle E (Reserve Components), Part III (Promotion and Retention of Officers on the Reserve Active Status List (RASL)), section 14004, states that except as otherwise provided by law, an officer must be on a Reserve active-status list to be eligible under chapter 1405 of this title for...
ARMY | BCMR | CY2012 | 20120001971
During the processing of this case, an advisory opinion was obtained from the USAHRC-Fort Knox, Chief, Department of the Army Promotions, Special Actions, dated 23 March 2012, who stated that based on the information provided and a review of their records, the applicant's request for promotion to lieutenant colonel should be denied. Later that same year, USAHRC officials twice mailed an MSO election statement presumably to the applicant's "Redcoine Road" address; however, there is no...
ARMY | BCMR | CY2015 | 20150003223
But even if his records were coded educationally qualified for civilian education, with documents, there is no guarantee that he would have been selected for promotion. But even if his records were coded educationally qualified for civilian education, with documents, there is no guarantee that he would have been selected for promotion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. submitting his record to a...