IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120022209
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 the Armed Forces of the United States) to show his grade/rate as first lieutenant (1LT) instead of second lieutenant (2LT).
2. He states his DD Form 214 needs to reflect the correct grade to which he was promoted.
3. He provides his DD Form 214 and Special Orders Number 48, dated 14 May 1956.
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. On 18 June 1951, the applicant was appointed as a 2LT in the Army of the United States. On 8 October 1951, he was ordered to active duty. On 3 June 1953, he was honorably released from active duty (REFRAD) and transferred to the Officer Reserve Corps.
3. Item 3 (Grade, Rate, Rank, and Date of Appointment) of his DD Form 214 shows his rank as 2LT with a date of rank of 18 June 1951.
4. Special Orders Number 48, dated 14 May 1956, show he was promoted to 1LT, effective 1 July 1955.
5. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states 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. Paragraph 2-4 requires the preparer to enter the active duty grade or rank and pay grade at the time of separation in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant held the rank of 2LT at the time of his REFRAD on 3 June 1953 which is properly annotated on his DD Form 214. His advancement to 1LT did not occur until 1 July 1955. Any subsequent advancements/promotions or achievements that occurred after his REFRAD cannot be listed on the DD Form 214. Therefore, his DD Form 214 is correct as constituted.
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) AR20120022209
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ABCMR Record of Proceedings (cont) AR20120022209
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