IN THE CASE OF:
BOARD DATE: 28 May 2013
DOCKET NUMBER: AR20120020585
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 that his latest DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as captain (CPT) and his pay grade as O-3.
2. The applicant states his records were not updated at the time of his promotion. He would like an updated copy of his DD Form 214 listing his rank as CPT/O-3.
3. The applicant provides a copy of a memorandum, dated 10 March 1992.
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. After completing 3 years of Regular Army enlisted service, the applicant enrolled in an early commissioning Reserve Officers Training Corps program and he was appointed in the U.S. Army Reserve (USAR) as a second lieutenant (2LT), effective 13 July 1982. He then accepted appointment in the Army National Guard (ARNG).
3. He entered an active duty training (ADT) status from 3 December to
5 April 1983, for approximately 4 months, and he was released to the ARNG in the rank of 2LT/O-1. He was issued a DD Form 214 for this period of serivce.
4. On 13 July 1985, the applicant was promoted to first lieutenant (1LT).
5. He completed a period of full time duty from 14 July to 27 November 1985 and he was released in the rank of 1LT/O-2. He also completed a period of ADT from 13 July to 5 December 1986 and he was released in the rank of 1LT/O-2. He was issued DD Forms 214 for both periods of service.
6. On 1 June 1987, the applicant was separated from the ARNG and transferred to the USAR Control Group.
7. The applicant provides a memorandum, from the U.S. Army Human Resources Command, St. Louis, MO, (formerly the U.S. Total Army Personnel Command), dated 10 March 1992, that shows the applicant was promoted to the rank of CPT/O-3, USAR, effective 11 July 1990. There is no evidence that he served in an active duty status and was issued a DD Form 214 after this date.
8. Army Regulation 635-5 (Separation Documents) sets for the requirements and provided the directions for completing the DD Form 214. It provides that the DD Form 214 is a summary of a Soldiers 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 Soldiers service.
DISCUSSION AND CONCLUSIONS:
1. Army Regulation 635-5 provides that the DD Form 214 is a record of active service at the time of release, retirement or discharge from the Army. The applicant was issued a DD Form 214 in 1983 showing he was a 2LT and two
DD Forms 214 in 1986 showing he was a 1LT.
2. The applicant was promoted to CPT/O-3 on 11 July 1990. There is no evidence that he served in an active duty status in the rank of CPT/O-3.
3. There is no basis for granting the applicant's 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) AR20120019964
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120020585
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