Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130018366
Original file (20130018366.txt) Auto-classification: Denied

		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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018366



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140013210

    Original file (20140013210.txt) Auto-classification: Approved

    The applicant requests reconsideration of her earlier request for correction of the following documents to show her rank and grade as major (MAJ)/O-4 instead of captain (CPT)/O-3: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 November 1982 * U.S. Army Reserve (USAR) discharge orders, dated 6 October 1994 * DD Form 256A (Honorable Discharge Certificate), dated 6 October 1994 * USAR Personnel Center (DARP) Form 249-2-E (Chronological Statement of...

  • ARMY | BCMR | CY2009 | 20090004929

    Original file (20090004929.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant provides a State of New Jersey Burlington County Surrogate’s Court, Certification of Administrator, dated 29 April 2009; Durable Power of Attorney for [FSM], dated 4 May 2002; Superior Court of New Jersey Judgment for Change of Name, dated 11 March 2005; letter from Doctor Paul S____, D.O., undated; her father's 1999 Certificate of Death; her mother's 2008 Certificate of Death;...

  • ARMY | BCMR | CY2012 | 20120017515

    Original file (20120017515.txt) Auto-classification: Denied

    The applicant requests adjustment to her date of rank (DOR) for major (MAJ) from 21 July 2010 to 25 June 2007. The applicant states she was appointed in 2007 and went before an Army Special Selection Board and she was promoted to CPT with a DOR of 26 November 2008. Therefore, her military service records correctly show her DOR of 30 July 2010.

  • ARMY | BCMR | CY2009 | 20090015619

    Original file (20090015619.txt) Auto-classification: Denied

    The applicant provides the following additional documentary evidence: * Copies of his DD Forms 214, dated 28 February 2003 and 3 November 1986 * A copy of a memorandum, dated 13 May 2003, Subject: Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty * A copy of a memorandum, dated 19 July 1993, Subject: Results of the 1993 Captain (CPT)-MAJ APL (Army Promotion List) DA (Department of the Army) Selection Board * A copy of his DD Form 215 (Correction to DD Form 214),...

  • ARMY | BCMR | CY2008 | 20080008772

    Original file (20080008772.txt) Auto-classification: Denied

    Army Regulation 135-155 also states, in pertinent part, that an active duty officer, who is selected for promotion but removed from the ADL and placed in an active Reserve status prior to promotion, is not eligible for that promotion and that officer will be placed on the RASL and considered for promotion by a Reserve promotion board. With respect to the applicant's consideration for promotion to LTC by a Special Selection Board, there is no evidence in the applicant’s records and the...

  • ARMY | BCMR | CY2010 | 20100029609

    Original file (20100029609.txt) Auto-classification: Denied

    The applicant requests, through her Member of Congress, the removal of the inactive time from 7 March 1994 to 31 August 1999 from her records. Army Regulation 135-175 (Separation of Officers) provides for the separation of officers of the Army National Guard of the United States and the U.S. Army Reserve, except for officers serving on active duty or active duty for training exceeding 90 days. The evidence of record, during the period 11 September 1993 through 7 November 1993, shows she...

  • ARMY | BCMR | CY2007 | 20070010331

    Original file (20070010331.TXT) Auto-classification: Denied

    The applicant provides the following additional documentary evidence in support of her application: a. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 December 1992. b. U.S. Total Army Personnel Command (now known as HRC), St. Louis, Missouri, Memorandum, dated 31 December 1992, appointing her as a Reserve commissioned officer. e. Page 1 of Standard Form 93 (Report of Medical History), dated 26 October 2000. f. Headquarters, 75th Division (Training Support),...

  • ARMY | BCMR | CY2014 | 20140007116

    Original file (20140007116.txt) Auto-classification: Approved

    As a result, they recently issued a corrected appointment memorandum awarding him 7 years, 4 months, and 1 day time in grade (TIG) upon his appointment as a chaplain 1LT. e. besides the error with the applicant's appointment rank, the applicant was wrongly not considered for promotion to CPT, MAJ, and LTC at the appropriate times and with the appropriate year groups. d. If before the SSB process is completed he is removed from the Reserve active status list: (1) Correct his records by...

  • ARMY | BCMR | CY2007 | 20070006209C071113

    Original file (20070006209C071113.doc) Auto-classification: Denied

    There is no evidence of record that shows that she served on active duty as a Major. Further, advancement of enlisted members to a commissioned officer rank and pay grade on the Retired List requires that the member actually held and satisfactorily served in that higher commissioned officer grade while on active duty. The evidence of record further shows that while serving on active duty in an enlisted status, the applicant was promoted to MAJ/0-4 in the USAR.

  • ARMY | BCMR | CY2014 | 20140004207

    Original file (20140004207.txt) Auto-classification: Denied

    The applicant requests adjustment of her active duty date of rank (ADOR) for captain (CPT) and major (MAJ), based on time she served on active duty as a commissioned Army officer. These orders show: * she was called to active duty for a minimum of 3 years, for service in the Regular Army * immediately upon arrival at her duty station, the personnel service center with records responsibility would initiate a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay...