IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110019930
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 (Report of Separation from Active Duty) to show his rank as second lieutenant (2LT) vice specialist four (SP4)/E-4.
2. The applicant states he was promoted to 2LT on 11 March 1975 with an effective date of 29 January 1975.
3. The applicant provides his DD Form 214, orders, and two pages of DA Forms 67-7 (U.S. Army Officer Evaluation Report).
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's records show he enlisted in the Regular Army (RA) in the rank of private first class on 5 November 1973 and he held military occupational specialty 71Q (Information Specialist). He was promoted to the rank of SP4 on 11 September 1974.
3. On 22 January 1975, he was appointed as a Reserve Adjutant General Corps commissioned officer. His appointment orders stated he was currently serving (on active duty) as a SP4.
4. Letter Orders Number 03-185, dated 11 March 1975, issued by Headquarters (HQ), First United States Army, promoted him to the rank of 2LT, U.S. Army Reserve (USAR) effective 29 January 1975.
5. Orders Number 10-3, dated 15 July 1976, issued by HQ, 1st Battalion, 65th Air Defense Artillery, Key West, FL, relieved him from active duty and assigned him to the USAR effective 4 November 1976. His rank in the standard name line of these orders shows SP4.
6. On 4 November 1976, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). He completed 3 years of creditable active service.
7. Item 6a (Grade, Rate or Rank) and 6b (Pay Grade) of his DD Form 214 show the entries "SP4" and "E-4" respectively.
8. The applicant provides:
a. One page of a DA Form 67-7, dated 27 May 1976, that shows in Part VIIa Rater (Comments) the applicant, a 2LT Reserve commissioned officer on duty in an RA enlisted status, performed in his enlisted capacity in an outstanding manner.
b. One page of a DA Form 67-7, dated 11 June 1976, Part VIIa, states the applicant, a specialist, and a Reserve commissioned officer, performed his duties as an enlisted information specialist in an outstanding manner.
9. 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In the version of the regulation in effect at the time it stated in item 6a and b enter the grade and pay grade at the time of separation.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in the rank of SP4 in the RA at the same time he held the rank of 2LT in the USAR. He also held the RA rank of SP4 at the time he was released from active duty. The DD Form 214 is a record of active Army service at the time of release from active duty. His active duty rank of SP4 is correctly reflected on his DD Form 214. Therefore, he 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 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) AR20110019930
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ABCMR Record of Proceedings (cont) AR20110019930
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