BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140005058
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 rank/grade as captain (CPT)/O-3 instead of first lieutenant (1LT)/O-2
* his date of discharge as 1 May 1979 instead of 17 September 1973
2. The applicant states his DD Form 214 should show the effective date when he was officially discharged and the rank he held at that time.
3. The applicant provides:
* DD Form 214
* Honorable Discharge 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. The applicant was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant on 3 August 1970.
3. Headquarters, Third U.S. Army, Letter Orders AR-08-1552, dated 24 August 1970, ordered the applicant to active duty for a period of 2 years. On
18 September 1970, the applicant entered an active duty status.
4. On 13 October 1970, the applicant submitted a request to extend his retention on active duty. On 11 December 1970, his request was approved with an effective date of 18 September 1972.
5. On 18 September 1971, the applicant was promoted to the rank of 1LT.
6. On 17 September 1973, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) of his DD Form 214 show his rank/grade as 1LT/O-2.
7. U.S. Army Reserve Components Personnel and Administration Center Orders 08-88941, dated 10 August 1976, show the applicant was relieved from the USAR Control Group (Standby) on 10 August 1976 and assigned to the Inactive Reserve.
8. On 25 January 1979, he was promoted as a Reserve commissioned officer to the rank/grade of CPT/O-3 effective 25 January 1979.
9. The applicant provided copy of his Honorable Discharge Certificate that shows he was honorably discharged on 1 May 1979 in the rank/grade of
CPT/O-3.
10. Army Regulation 635-5 (Separation Documents), in effect 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 established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. Instructions stated to enter the active duty grade of rank and pay grade at the time of separation in item 5a and item 5b.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his rank/grade as CPT/O-3 and REFRAD date as 1 May 1979 was carefully considered.
2. Records show the applicant was ordered to active duty on 18 September 1970 and REFRAD on 17 September 1973. Therefore, there is no basis for granting the requested relief.
3. Records show he was not promoted to CPT until 1979, several years after the issuance of his DD Form 214. The governing regulation stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. Therefore, there is no basis for 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) AR20140005058
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ABCMR Record of Proceedings (cont) AR20140005058
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