IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015293
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank and pay grade as captain (O-3).
2. The applicant states his DD Form 214 incorrectly shows his rank and pay grade as second lieutenant (O-1).
3. The applicant provides:
* Special Orders Number 112, dated 21 April 1972
* Reserve Components Personnel and Administration Center Promotion Memorandum, dated 10 August 1978
* United States Army Reserve (USAR) Letter Orders Number 03-163219, dated 26 March 1976
* USAR Orders 07-1041303, dated 25 July 1979
* DD Form 214, dated 12 May 1972
* Honorable Discharge Certificate, dated 12 August 1979
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. The applicant accepted an appointment as a Reserve commissioned officer on 13 August 1971, in the rank of second lieutenant. He was ordered to active duty for training (ADT) effective 13 February 1972.
3. On 12 May 1972, the applicant was released from active duty upon completion of his training. He was transferred to the USAR Control Group (Annual Training).
4. His DD Form 214 shows his rank and pay grade as second lieutenant (O-1).
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. At the time the applicant's DD Form 214 was prepared he was serving in the rank and pay grade of second lieutenant.
3. He accepted an appointment as a Reserve commissioned office in the rank of second lieutenant on 13 August 1971. He was ordered to ADT 6 months later on 13 February 1972. He was released from ADT 3 months later on 12 May 1972 in the rank and pay grade of second lieutenant (O1).
4. According to the applicable regulation, the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. His rank and pay grade is properly shown on his DD Form 214.
5. In view of the foregoing, his request should be denied.
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) AR20130015293
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ABCMR Record of Proceedings (cont) AR20130015293
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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