IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006462
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 show his rank as major/O-4.
2. The applicant states his DD Form 214 shows his rank as captain/O-3; however, he served in the U.S. Army Reserve (USAR) until 1998 and his rank was that of major. Accordingly, he should be issued a corrected DD Form 214 or a new DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 was commissioned as a USAR second lieutenant on 11 May 1985 and was ordered to active duty on 22 May 1985. He was promoted to the rank of captain on 1 September 1989.
3. On 31 July 1992, he was honorably released from active duty under the Voluntary Early Release Program with the Special Separation Benefit. He completed 7 years, 2 months, and 9 days of active service and was transferred to the USAR Control Group (Reinforcement).
4. He was promoted to the rank of major on 10 May 1997 and on 14 October 1998 he was honorably discharged from the USAR in the rank of major.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and 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 applicant's contentions have been noted. His promotion to the rank of major occurred subsequent to his release from active duty and the issuance of his DD Form 214.
2. Since his promotion to major occurred after the date his DD Form 214 was issued and since the DD Form 214 reflects information that is in effect at the time it is issued, there is no basis to make the change requested by the applicant.
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 this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Gulf War. 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) AR20110006462
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110006462
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