IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140001926
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 (Certificate of Release or Discharge from Active Duty), DFAS (Defense Finance and Accounting Service (DFAS) records, and TRICARE/medical records to show he was promoted to major (MAJ)/0-4.
2. The applicant states the error or oversight may have occurred because his promotion took place just as he began transitioning; nonetheless; he was promoted to MAJ on 1 August 2012.
3. The applicant provides copies of his:
* promotion orders to MAJ
* DD Form 214
* Retiree Account Statement effective 23 October 2013
CONSIDERATION OF EVIDENCE:
1. Following prior enlisted service, the applicant was appointed as a second lieutenant effective 8 August 2002. He was promoted to captain (CPT) effective 1 January 2006.
2. Headquarters, U.S. Army Human Resources Command, Order Number
195-024, dated 13 July 2012, show the applicant was promoted to MAJ with an effective date and date of rank of 1 August 2012.
3. He was retired due to sufficient service effective 31 August 2012. His DD Form 214 show in:
* block 4a (Grade, Rank or Rate): CPT
* block 4b (Pay Grade): 003
* block 12i (Effective Date of Pay Grade): 2006 01 01 (indicating 1 January 2006)
4. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.
a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the personnel qualification record, personnel finance records, discharge documents, separation orders, and any other document authorized for filing in the Official Military Personnel File.
b. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. It shows for item 4a and 4b, "enter active duty grade of rank and pay grade at time of separation."
5. Title 10, U. S. Code, section 1370(a)(1) provides that a commissioned officer who retires under any provision of law except chapters 61 (disability) or 1223 (non-regular service) shall, except as provided in paragraph (2), be retired in the highest grade in which he served on active duty satisfactorily for not less than six months. Section 1370(a)(1) provides that, in order to be eligible for voluntary retirement under any provision of this title in a grade MAJ or below, a commissioned officer of the Army must have served on active duty in that grade for not less than six months.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214, DFAS records, and TRICARE/medical records were not corrected to show he was promoted to MAJ because he was promoted just prior to his retirement.
2. While orders were published showing he was promoted to MAJ effective
1 August 2012, the law states that to retire in the grade of MAJ he would have had to serve six months in that grade. He retired one month after the promotion.
3. While it is appropriate to correct his DD Form 214 to show his rank as MAJ, his DFAS and TRICARE/medical records should not be corrected because there is no evidence showing he served as a MAJ for six months prior to his retirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 entries in blocks 4a, 4b, and 12i of his DD Form 214 and entering in:
* block 4a: MAJ
* block 4b: O4
* block 12i: 2012 08 01 (indicating 1 August 2012).
2. The Board further determined 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 correcting his DFAS and TRICARE/medical records to show his rank as MAJ.
____________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) AR20110021833
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001926
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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