BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140000414
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 date of rank to captain (CPT)/O-3 as 26 May 1971 instead of 26 May 1973.
2. The applicant states he was sworn in on 26 May 1971 and he was on active duty from 8 August 1971 to 7 August 1973. The data listed on the DD Form 214 supports the fact that he was commissioned in 1971, and the entry in item 6 (Date of Rank) is a clerical error reflecting a date in 1973.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* 2 copies of a certificate
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 26 May 1971, the applicant was appointed a Reserve commissioned officer of the Army in the rank/grade of first lieutenant (1LT)/O-2.
3. On 8 August 1971, he was ordered to active duty in the rank/grade of 1LT/O-2 from the Reserve component in specialty 3170 (General Dentistry Officer).
4. Special Orders Number 229, dated 29 November 1971 made a grade determination affecting his promotion status in the Army of the United States (AUS) to show his rank as CPT with a date of rank of 8 August 1971.
5. On 7 August 1973, he was honorably relieved from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). The DD Form 214 he was issued shows his rank/grade as CPT/O-3 and his date of rank as 26 May 1973. Item 30 (Remarks) contains the entry "TEMP CPT AUS APTD 8 AUG 71 PERM 1LT USAR APTD 26 MAY 71."
6. Effective 8 August 1973, the applicant was promoted as a Reserve commissioned officer of the Army in the rank/grade of CPT/O-3.
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation states for officer personnel, item 5a (Grade, Rate or Rank), enter grade in which serving at time of separation as shown in item 2, DA Form 66 (Officer Qualification Record). Since this entry may be an officer's temporary (AUS) or permanent (Regular Army or Reserve) grade and does not show the date of appointment, additional entries will be made in item 30 to clarify the grade status. An example for item 30 "Item 5a temp Major, AUS, apdt 30 Sep 50, perm LTC, USAR, aptd 10 June 56."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show his date of rank to CPT as 26 May 1971 instead of 26 May 1973 has been carefully examined.
2. The applicant was ordered to active duty from the Reserve component on 8 August 1971, in the rank of 1LT. On 29 November 1971, a grade determination was made to show his rank as CPT with a date of rank of 8 August 1971. On 7 August 1973, he was honorably relieved active duty.
3. Item 30 clearly identifies the applicant was appointed the temporary rank of CPT in the AUS on 8 August 1971; however, he held the permanent rank of 1LT in the Reserve component upon his appointment on 26 May 1971.
4. It appears items 5a, 5b (Pay Grade), and 6 incorrectly identify the applicant as a Reserve component CPT/O-3 with a DOR of 26 May 1973. The applicant was not promoted to the rank of CPT in the Reserve component until 8 August 1973; however, he was promoted in the AUS on 8 August 1971.
5. In view of the foregoing, he is entitled to partial relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 6 and replacing it with the entry "08 AUG 71."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to adjusting his date of rank to CPT to 26 May 1971.
_______ _ 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) AR20140000414
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ABCMR Record of Proceedings (cont) AR20140000414
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