IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017692
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) to show his rank as captain (CPT) instead of first lieutenant (1LT).
2. The applicant states, in effect, he saw the orders promoting him to the rank of CPT in May 1975, but they were lost. His promotion to CPT was never listed on his DD Form 214 as he believed it would be. He served in the Republic of Vietnam and received a Bronze Star Medal for meritorious service, a Combat Infantryman Badge, and other awards and decorations. He further states he received the promotion and there would be no cost to the government to make the correction since it should have been annotated on his DD Form 214.
3. The applicant provides:
* DD Form 214
* memorandum, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, dated 19 July 1974, subject: Promotion Consideration in the U.S. Army Reserve (USAR)
* Special Orders Number 103, Headquarters, Fifth U.S. Army, Fort Sam Houston, Texas, dated 28 May 1975
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. Having prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army in the rank/grade of second lieutenant/O-1 on 11 July 1969, assigned to the infantry branch, and ordered to active duty.
3. The applicant's DA Form 66 (Officer Qualification Record) contains an entry in item 12 (Appointments) which shows he was promoted to the rank/pay grade of 1LT/O-2 on 11 July 1970.
4. The applicant's record also contains Special Orders Number 192, dated 11 July 1970, Headquarters, United States Military Assistance Command, Vietnam, which promote him to the rank/grade of 1LT/O-2 with a date of rank of 11 July 1970.
5. On 24 April 1971, the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) after completing 1 year, 9 months, and 14 days of active military service. Item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) of his DD Form 214 list his rank/grade as 1LT/O-2. Item 6 (Date of Rank) of his DD Form 214 lists his date of rank as 11 July 1970.
6. His record contains and the applicant provides Special Orders Number 103, dated 28 May 1975, issued by Headquarters, Fifth U.S. Army. These orders directed the applicant's honorable discharge from the USAR "Ready" [Ready Reserve]. The reason for discharge is listed as unqualified resignation. The applicant's rank/pay grade is shown as 1LT/O-2 in the standard name line.
7. The applicant provides and his record contains a memorandum, U.S. Army Reserve Components Personnel and Administration Center, dated 19 July 1974, subject: Promotion Consideration in the USAR, dated 19 July 1974, which indicates the applicant was considered by a standby advisory board using the criteria established for 1974. The applicant was recommended for promotion to the rank of CPT.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated to list the rank and pay grade held upon separation in items 5a and 5b. It also identified the DA Form 66, orders, and documents in the record as the source records for these entries.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his rank as CPT instead of 1LT has been carefully considered and found to be without merit.
2. The applicant's DA Form 66, orders, and documents in his record confirm he was promoted to the rank/pay grade of 1LT/O-2 with a date of rank of 11 July 1970 and this is the rank he held on the date of his release from active duty on 24 April 1971. His DD Form 214 correctly shows his rank/grade as 1LT/O-2.
3. It appears he was promoted to CPT in 1975. However, that promotion would not have been reflected on his DD Form 214 for the period ending 24 April 1971.
4. Notwithstanding the applicant's service and/or his sincerity, there is no correction to be made in this case in view of the foregoing evidence 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 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) AR20110017692
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ABCMR Record of Proceedings (cont) AR20110017692
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