IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110023243
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) as follows:
* Item 5a (Grade, Rate or Rank) to show captain (CPT) vice first lieutenant (1LT)
* Item 11d (Effective Date) to show his additional active duty service time
2. The applicant states his DD Form 214 reflects his status as of 13 August 1970. He subsequently served on temporary duty in the summer of 1971 and 1972 and was promoted to CPT. His final discharge date was 31 August 1976.
3. The applicant provides his DD Form 214, two letters, and a certificate.
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 was commissioned as a U.S. Army Reserve (USAR) Ordnance Corps second lieutenant on 11 June 1966.
3. He entered active duty as a member of the USAR on 29 August 1968. He was promoted to the rank of 1LT on 11 June 1969. He served in Vietnam from on or about 9 July 1969 to 15 April 1970.
4. He was honorably released from active duty on 13 August 1970 in the rank of 1LT and assigned to his USAR unit. He completed 1 year, 11 months, and 15 days of creditable active service.
5. Item 5a of the DD Form 214 he was issued shows the entry "1LT." Item 6 (Date of Rank) shows the entry "11 June 1969."
6. A review of his records does not reveal any other periods of active duty service pertaining to the applicant.
7. A letter, dated 30 May 1973, issued by the USAR Components Personnel and Administration Center, St Louis, MO, shows he was promoted to the rank of CPT in the USAR effective 9 June 1973.
8. AGUZ-PAD-R Orders Number 08-1150497, dated 11 August 1976, issued by the USAR Components Personnel and Administration Center, honorably discharged him from the USAR effective 31 August 1976.
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. 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. In items 5a and 5b enter the active duty rank or grade and pay grade held at the time of separation from active duty. In item 11d enter the date the Soldier is separated from active duty.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served on active duty from 29 August 1968 through 13 August 1970 and held the rank of 1LT at the time of his release from active duty. His records do not reflect any additional active duty service. 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 a rank on the DD Form 214 to one the Soldier was promoted to after he was released 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 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) AR20110023243
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ABCMR Record of Proceedings (cont) AR20110023243
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