BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130012300
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 (Certificate of Release or Discharge from Active Duty) to show the highest grade he satisfactorily held was captain (CPT/O-3).
2. The applicant states he was promoted to CPT in August 1985. He was passed over for promotion to major (MAJ/O-4) in August 1992, but his pay records will confirm his correct pay grade.
3. The applicant provides no additional evidence.
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 7 August 1980 he accepted an appointment as a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT).
3. Orders 22-16, issued by the 69th Personnel Service Company, Germany, on 25 January 1982, promoted the applicant to first lieutenant (1LT/O-2), effective 24 February 1982.
4. On 8 September 1983, the applicant was notified that he was recommended for promotion to CPT.
5. On 10 May 1984, he was notified by the Chief, Separations Section, Personnel Management Branch, U.S. Army Military Personnel Center, Alexandria, VA, of his non-selection for retention on active duty in voluntary indefinite status.
6. His request to be retained on active duty was denied by the same organization for the following reasons:
a. Overall performance, as well as potential, was below that of contemporaries, as substantiated by Officer Evaluation Reports (OER) from
25 October 1980 through 17 February 1984.
b. Repeatedly demonstrated difficulty in areas of knowledge of assigned tasks, judgment, leadership, communication skills, and standards, as reflected in OERs from 25 October 1980 through 17 February 1984.
7. On 25 May 1984, the applicant acknowledged receipt of his letter of notification informing him of his pending release from active duty effective
23 August 1984.
8. He was released from active duty on 23 August 1984 by reason of expiration term of service in accordance with chapter 3, Army Regulation 635-100 (Personnel Separations - Officer Personnel) and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. His DD Form 214 shows his rank and pay grade as 1LT/O-2.
9. A review of his Soldier Management System (SMS) record lacks any documentation showing he was promoted to CPT during the period covered by his DD Form 214 ending 23 August 1984. He was subsequently promoted to CPT effective 6 August 1986.
10. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers at retirement, discharge, or release from active duty service or control of the active Army. Chapter 2 contained guidance for preparation and distribution of the DD Form 214 and stated for item 4 (Grade, Rate, or Rank), the active duty grade or active duty rank and pay grade at the time of separation would be entered.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant accepted an appointment as a 2LT on 7 August 1980. He was later promoted to 1LT on 24 February 1982. He was released from active duty on 23 August 1984 in the rank of 1LT. The record further shows that he was promoted to CPT after his release from active duty on 6 August 1986 which is beyond the period of his DD Form 214. He failed to provide any pay records to confirm he held the rank of CPT during the period covered by his DD Form 214.
2. 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) AR20130012300
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012300
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022401
The DFAS official stated that the applicant requested correction to pay entitlement from 16 August 1982 to 30 April 1994 because he completed over 4 years of previous active enlisted service prior to becoming a commissioned officer. His record should be corrected to show, as of 16 August 1982, he was entitled to pay at the rate of O-1E for over 4 years of enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2001 | 2001065542C070421
APPLICANT STATES : That he meets the eligibility requirements for promotion to major but that the computer at the U. S. Army Reserve Personnel Command (AR-PERSCOM) does not show that he has completed the Infantry Officer Advanced Course, so he has not been considered for promotion. On 8 January 1986, the Army Board for Correction of Military Records (ABCMR) responded to a request from the applicant, case number AC 85-00251, to correct his commissioning as a USAR officer from 23 August 1983...
ARMY | BCMR | CY2009 | 20090019810
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 June 1980 to show his rank as captain (CPT). Therefore, his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the ARCOM and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
ARMY | BCMR | CY2002 | 2002072743C070403
On 20 August 1997, the OKARNG issued a NGB Form 22 (Report of Separation and Record of Service) honorably discharging the applicant from the OKARNG as a SGT, pay grade E-5, by reason of the individual's request. The investigation further substantiated that: the applicant submitted false information on his application for Army National Guard federal recognition in January 1987 by stating “No” to the question, “Have you ever been arrested or convicted by a civil court of other than minor...
ARMY | BCMR | CY2010 | 20100015586
He also provides his April 2010 LES which shows his PEBD (Pay Entry Basic date) as 3 February 1976 (the date he initially enlisted in the USAR) and that he was receiving pay based on 34 years of total service. Section 010101 (service which is creditable) states for most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. d. Section 010103A(2) (Creditable Prior Enlisted Service) states...
ARMY | BCMR | CY2010 | 20100015411
The applicant provides the following documentary evidence: * self-authored promotion date comparison sheet, dated 21 May 2010 * DD Form 149 (Application for Correction of Military Records), dated 9 June 1988 * DA Form 268 (Report for Suspension of Favorable Personnel Actions), dated 17 February 1988 * memorandum, dated 5 February 1988, subject: Involuntary Separation Action * memorandum for record, dated 10 June 1988, concerning an appeal of his Officer Evaluation Report (OER) * Orders 6-3,...
ARMY | BCMR | CY2010 | 20100018890
An officer who does not complete the USUHS program is added to the Active Duty List (ADL) as a 2LT with a DOR of the date of disenrollment unless they have prior creditable commissioned service time before they entered the USUHS program. Accordingly, he should have been promoted to 1LT on 10 December 2008, the date he was academically disenrolled from the USUHS, and promoted to CPT effective 10 July 2010. The evidence of record shows he entered active duty as a student on 26 May 2007.
ARMY | BCMR | CY2009 | 20090007322
IN THE CASE OF: BOARD DATE: 5 January 2010 DOCKET NUMBER: AR20090007322 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which recommends approval of the applicants request to adjust his effective date for promotion to the ranks of 1LT to 12 January 2003 and 12 January 2005, respectively. Therefore, given the favorable support of the NGB and the fact that the applicant occupied a valid...
ARMY | BCMR | CY2010 | 20100008896
The applicant provides a copy of: * his Officer Record Brief (ORB), dated March 1992 * Orders 10-3-4-76, dated 26 January 1991 * his DA Form 78 (Recommendation for Promotion of Officer), dated 10 November 1992 * his DA Form 1506 (Statement of Service), dated 7 February 1991 * his DA Forms 67-8 (U.S. Army Officer Evaluation Report (OER)) for the period 11 July 1991 through 23 June 1992 and 24 June 1992 through 3 December 1992 * Headquarters, Department of the Army (HQDA) message, date time...
ARMY | BCMR | CY2014 | 20140009475
In the USAR, the applicant was only promoted to 1LT/O-2. In 2002, the applicant states that ARPERCEN sent him a letter stating that he was eligible for promotion to CPT/O-3 with an effective date of 1993 within the USAR; however, CTARNG would not honor that promotion. These boards do not reconsider officers who were not considered or not selected by mandatory promotion boards that convened before 1 October 1996. b. Paragraph 3-19c states these boards are convened to correct/prevent an...