BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130003695
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 record to show he was discharged in the rank of first lieutenant (1LT), the highest grade he satisfactorily held.
2. The applicant states he was commissioned in 1984, so he should have received an automatic increase in rank to 1LT in 1986.
3. The applicant provides Orders D-10-685743, issued by the U.S. Army Reserve (USAR) Personnel Center (ARPERCEN), St. Louis, MO on 2 October 1996.
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 complete military records are not available to the Board for review. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. On 12 May 1984, after previous enlisted service, he was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT).
4. Orders 028-024, issued by the 89th U.S. Army Reserve Command, Wichita, KS on 28 January 1985, reassigned him to the USAR Control Group (Reinforcement), Reserve Component Personnel and Administration Center, St. Louis, MO effective 1 February 1985.
5. Orders D-10-685743, issued by ARPERCEN, St. Louis, MO on 2 October 1996, honorably discharged him from the USAR effective 2 October 1996.
6. His record contains a memorandum from ARPERCEN, dated 20 January 1987, that shows he was recently considered for promotion to the next higher grade; however, he was found to be not qualified for promotion.
7. His record lacks any documentation that shows he was subsequently considered and recommended for promotion to 1LT.
8. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), effective 1 November 1983, stated 3 years time in grade was required for promotion from 2d to 1LT. It also stated that a resident officer basic course was required.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was appointed as a Reserve commissioned officer of the Army, in the rank of 2LT, on 12 May 1984. It further shows he was reassigned to the USAR Control Group (Reinforcement) on 1 February 1985. It does not show he was recommended for promotion to 1LT.
2. While all the facts behind the applicants failure to be promoted to 1LT are not known, the applicant did not have 3 years time in grade when he was reassigned to the USAR Control Group (Reinforcement), and there is no evidence that he completed a resident officer basic course.
3. In view of the facts of this case, there does not appear to be an error or injustice. Therefore, absent evidence to the contrary, there is no basis for granting 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) AR20090005877
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ABCMR Record of Proceedings (cont) AR20130003695
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