BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120006837
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, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from Active Duty) to show his rank as captain, pay grade O-3.
2. The applicant states the FSM's DD Form 214 shows his rank as first lieutenant; however, he was subsequently promoted to captain in the U.S. Army Reserve (USAR) Control Group (Reinforcement).
3. The applicant provides the FSM's DD Form 214, death certificate, and marriage license.
CONSIDERATION OF EVIDENCE:
1. On 25 May 1972, the FSM was appointed as a second lieutenant in the USAR.
2. He was subsequently appointed as a second lieutenant in the Army of the United States (AUS) on 10 October 1972 and concurrently ordered to active duty.
3. On 10 October 1974, the FSM was appointed a first lieutenant, USAR and AUS.
4. On 14 April 1977, the FSM was released from active duty (REFRAD) and transferred to the USAR Control Group (Reinforcement), in the rank of first lieutenant.
5. The FSM's DD Form 214 indicates his rank as first lieutenant with a date of rank of 10 October 1974.
6. The FSM's Transcript of Master Personnel Record (Officer), dated 18 July 1979, indicates he had been promoted to captain with a date of rank of 9 October 1978.
7. Orders Number D-02-900283, USAR Personnel Center, dated 11 February 1985, discharged the FSM in the rank of captain, effective the same day.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The
DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM's DD Form 214 should be corrected to show his subsequent rank of captain, USAR.
2. The evidence of record clearly shows that the FSM served on active duty and attained the rank of first lieutenant. He was REFRAD and transferred to the USAR Control Group (Reinforcement). While a member of the USAR and not on active duty, he was promoted to captain.
3. The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It is not a living document and is not authorized to be updated with data changes that occur after REFRAD.
4. In view of the above, it appears that the FSM's DD Form 214 accurately reflects the rank and pay grade that he held at the time of his REFRAD. There is no error or injustice. Therefore, the applicant's request should be denied.
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) AR20120006837
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ABCMR Record of Proceedings (cont) AR20120006837
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