BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20130022343
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as first lieutenant (1LT)/O-2 vice specialist five (SP5)/E-5.
2. The applicant states his DD Form 214 incorrectly shows his rank as SP5. He was a 1LT at the time of his discharge.
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. The applicant enlisted in the Regular Army on 21 February 1968 for a period of 6 years.
3. His record contains a DA Form 61 (Application for Appointment) and a Statement of Understanding, dated 21 February 1968, which show he would be appointed as a commissioned officer in the rank of 2LT after he completed Officer Candidate School (OCS).
4. He was honorably discharged from active duty in the rank of SP5 on
24 January 1969. His DD Form 214 shows his military occupational specialty as 09S00 (Student). It further shows he completed infantry OCS.
5. His record contains a letter of appointment, dated 25 January 1969, which shows he was appointed as a Reserve commissioned officer of the Army in the rank of 2LT, effective 25 January 1969.
6. His record contains a DA Form 71 (Oath of Office), dated 25 January 1969, showing he officially accepted and was appointed as a Reserve commissioned officer in the rank of 2LT on 25 January 1969.
7. Army Regulation 635-5 (Separation Documents) at the time prescribed 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 and DD Form 215. In pertinent part, 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 evidence of record shows the applicant held the rank of SP5 when he was discharged on 24 January 1969.
2. His letter of appointment and oath of office confirm he was appointed to 2LT on 25 January 1969, the day after his discharge. He provided no evidence to show he served on active duty as an officer.
3. Based on the foregoing, there is insufficient evidence to grant 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) AR20130022343
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130022343
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100030173
An NGB [Form] 89 (Proceedings of a Federal Recognition Examining Board), dated 22 February 2009, that shows the applicant was found qualified for appointment as a commissioned officer in the rank of 2LT in the Military Intelligence branch and extended temporary Federal Recognition contingent upon evidence of satisfactory completion of OCS. He confirms that the applicant: * was found qualified for appointment as a commissioned officer in the rank of 2LT on 22 February 2009 contingent upon...
ARMY | BCMR | CY2012 | 20120005302
The applicant provides Texas Army National Guard (TXARNG) appointment orders, OCS completion certificate, NGB civil conviction waiver, NGB Form 337 (Oaths of Office), DA Form 71 (Oath of Office - Military Personnel), DA Form 1059 (Service School Academic Evaluation Report), and several email messages. The Soldier submitted a request for a waiver regarding his civil conviction but evidence has not been provided to show when the waiver request was submitted. As a result, the Board recommends...
ARMY | BCMR | CY2008 | 20080011384
Application for correction of military records (with supporting documents provided, if any). NGR 600-100, paragraph 2-13, states that temporary Federal Recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army. However, should the initial period of temporary Federal Recognition expire due to...
ARMY | BCMR | CY2011 | 20110021904
On 22 June 2010, the National Guard Bureau published Special Orders (SOs) Number 133 AR extending him Federal recognition in the rank/grade of 2LT for initial appointment, as an Adjutant General (AG) officer, effective 25 August 2009. Therefore, his record should be corrected to show his initial appointment as an MS officer with an effective date of 25 August 2009. As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130022313
The applicant requests correction of her records to show she received Federal recognition for an initial appointment as a second lieutenant (2LT) in the Alabama Army National Guard National (ALARNG) on 16 December 2010. c. In accordance with National Guard Regulation 600-100, paragraph 2-2(b), "the effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State." The effective date of Federal recognition...
ARMY | BCMR | CY2009 | 20090007581
The Applicants Professional Qualifications portion of the NGB Form 89 shows the entry The applicant [sic] effective date for appointment as provided by NGR 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) is 8 SEP 2007. He also executed a second oath of office as a 2LT in the DEARNG on the same date. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the...
ARMY | BCMR | CY2010 | 20100015690
The applicant states, in effect, the following: * Her request should be granted based on abuse of authority * In February 2003, she applied for officer candidate school (OCS), was boarded, and was selected for accelerated State OCS * She was placed as number 1 on the order of merit list (OML) for OCS attendance * She was improperly removed from the OML by colonel (COL) S****, her superior officer at the time 3. On 10 January 2007, the TXARNG published Orders 010-1008 promoting her to the...
ARMY | BCMR | CY2014 | 20140012048
Officers who are Federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment. d. Paragraph 10-15b states temporary FEDREC may be granted by an Federal Recognition Board (FREB) to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed...
ARMY | BCMR | CY2009 | 20090007461
The applicant requests that his permanent Federal recognition initial appointment date be adjusted from 25 October 2007 to 8 September 2007 and that he be promoted to first lieutenant (1LT) on 8 March 2009 in accordance with National Guard Bureau (NGB) memorandum, dated 19 August 2008, subject: Reduction in the Time in Grade (TIG) Requirement for Promotion of Reserve Component Officers to First Lieutenant. Records show that the applicant was granted temporary Federal recognition effective 8...
ARMY | BCMR | CY2009 | 20090009933
If the member meets the qualifications and requirements for Federal recognition, the Chief, NGB, extends permanent Federal recognition to the member in the grade and branch in which the member is qualified. The evidence of record confirms the applicant was boarded through USAREC in September 2006, at which time she was appointed a 2LT in the MS Corps. In this case, the evidence of record shows the applicant was granted 3 months and 6 days of constructive service credit upon her appointment...