IN THE CASE OF
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130011982
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 U.S. Army Reserve (USAR) discharge orders to show his rank as second lieutenant (2LT) vice sergeant (SGT).
2. The applicant states he graduated from the District of Columbia Army National Guard (DCARNG) Officer Candidate School (OCS) and his discharge orders should show his rank as 2LT.
3. The applicant provides two orders and two certificates.
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. Having prior active enlisted service, the applicant was transferred to the USAR (Control Group) on 19 September 1964 in the rank of specialist four. On 14 December 1964, he was assigned to the 2nd Battalion, 317th Basic Combat Training (BCT) Regiment, USAR, Alexandria, VA. On 1 June 1965, he was promoted to the rank/grade of SGT/E-5.
3. As a member of his USAR unit, he attended the DCARNG OCS from 26 June to 10 July 1965 and from 18 June to 2 July 1966.
4. The applicant provided and his records contain DCARNG Special Orders Number 137, dated 1 July 1966, showing he was appointed as a designated graduate of DCARNG OCS Class Number 9 effective 2 July 1966 for successful completion of the course of instruction. These orders show his rank as SGT.
5. His records are void of any orders or oaths of office that show he was ever appointed as a USAR commissioned officer.
6. The applicant provided and his records contain U.S. Army Administration Center, St Louis, MO, Letter Orders USAR, dated 22 September 1967, showing he was honorably discharged from the USAR effective 30 September 1967. These orders show his rank as SGT.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant successfully completed the DCARNG OCS course of instruction on 2 July 1966. However, the successful completion of OCS does not confer an automatic appointment as a USAR commissioned officer.
2. The evidence of record also confirms the highest rank he held while serving in the USAR was SGT. His records are void of any evidence and he has not provided any evidence that shows he was ever appointed as a 2LT in the USAR. His rank of SGT, the rank he held at the time, is properly shown on his USAR discharge orders. 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 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) AR20130011982
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