IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110023047
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 item 3a (Grade, Rate, or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show captain (CPT) vice first lieutenant (1LT).
2. The applicant states he was discharged as a CPT. He plans to be buried in a National Military Cemetery and he wants his headstone to show his rank as CPT.
3. The applicant provides his DD Form 214, DA Form 66 (Officer Qualification Record), Honorable Discharge Certificate, two letters from the National Personnel Records Center, promotion memorandum, and discharge orders.
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's records show he was commissioned as a U.S. Army Reserve (USAR) Veterinary Corps (VC) 1LT on 9 June 1956.
3. He entered active duty as a member of the USAR on 9 October 1956 and was assigned to the U.S. Army Biological Warfare Laboratory, Fort Detrick, MD.
4. He was released from active duty on 8 October 1958 in the rank of 1LT and assigned to a USAR unit. He completed 2 years of creditable active service.
5. Item 3a of his DD Form 214 shows the entry "1LT."
6. The applicant provides orders showing he was promoted to the rank of CPT in the USAR on 8 June 1960.
7. 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 states the DD Form 214 is a synopsis of the Soldier's 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served on active duty from 9 October 1956 through 8 October 1958 and held the rank of 1LT at the time of his release from active duty. The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty. There are no provisions for changing the rank on the DD Form 214 to one attained after release from active duty. 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 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) AR20110023047
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023047
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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