IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018366
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 her record to show her rank and grade as major (MAJ/O-4) instead of captain (CPT/O-3).
2. The applicant states:
a. she served as a Regular Army (RA) officer from May 1977 November 1982, at which time she was honorably discharged in the rank of CPT;
b. she served in the United States Army Reserve (USAR) with the 168th Support Group from November 1982 to November 1990, during which time she was promoted to MAJ in 1989;
c. following her service with the 168th Support Group, she served in the Individual Ready Reserve (IRR) until she was honorably discharged in 1994; and
d. it has come to her attention her record does not correctly reflect her promotion to MAJ.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* USAR discharge order
* DD Form 256A (Honorable Discharge Certificate)
* DD Form 2A-RES (Armed Forces of the United States Identification Card)
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's record shows that she was commissioned a second lieutenant (2LT/O-1) and entered active duty on 21 May 1977. She was trained in and served in area of concentration 91A (Maintenance Management).
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows she was promoted to first lieutenant (1LT/O-2) on 8 June 1979 and CPT on 4 April 1981. It shows "CPT" was the highest rank the applicant held.
4. On 1 November 1982, the applicant was released from active duty by reason of "unqualified resignation" and transferred to the USAR Control Group (Reinforcement). The DD Form 214 issued her shows she completed 5 years, 5 months, and 11 days of creditable active duty service and held the rank of CPT.
5. The applicant's official military personnel file (OMPF) includes Office of The Adjutant General, Orders Number C-02-909088, dated 9 February 1983. It shows she was released from the USAR Control Group (Reinforcement) and assigned to Headquarters and Headquarters Company, 168th Support Group, on 1 December 1982.
6. United States Army Reserve Personnel Center, Orders Number D-10-483059, dated 6 October 1994, directed the applicant's honorable discharge from the USAR, in the rank of CPT, effective on 6 October 1994.
7. Her OMPF is void of any orders or other documents that indicate she was ever recommended for or promoted to MAJ/O-4 or any other grade above CPT by proper authority.
8. The applicant provides a copy of her Reserve Component Identification Card. It shows she held the rank and grade of MAJ/O-4 on 4 August 1989, the date of its issuance.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her record should be corrected to show she held the rank and grade of MAJ/O-4 at the time of her discharge from the USAR. There is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant was last promoted while serving on active duty to CPT/O-3 on 4 April 1981, and this was the rank and grade she held on the date of her REFRAD, as evidenced by her DA Form 2-1 and her DD Form 214. Official reassignment and discharge orders confirm "CPT" is the rank and grade she subsequently held during her service in the USAR. There is no evidence of record showing the applicant was promoted beyond the rank of CPT. She has not provided sufficiently convincing evidence to corroborate her claim. Accordingly, the evidentiary basis does not support 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 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) AR20130018366
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ABCMR Record of Proceedings (cont) AR20130018366
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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