IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140005525
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), ending on 6 August 1962, to show his rank/grade as captain (CPT)/O-3 vice first lieutenant (1LT)/O-2.
2. The applicant states his promotion to CPT was omitted.
3. The applicant provides:
* Discharge orders, dated 3 November 1965
* Page 1 of his 4-page DA Form 66 (Officer Qualification Record)
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 of the Army (after having declined a Regular Army appointment) on 24 May 1957.
3. He entered active duty on 2 November 1957. He served in Korea from May 1958 to June 1959. He was appointed to the temporary grade of 1LT in the Army of the United States (AUS) on 2 May 1959 and to the permanent grade of 1LT in the U.S. Army Reserve (USAR) on 1 November 1959.
4. He was honorably released from active duty on 1 November 1959 and he was transferred to the U.S. Army Reserve Corps, Austin, TX.
5. He entered active duty in the rank of 1LT on 9 October 1961. He served at Fort Lee, VA.
6. He was honorably released from active duty on 6 August 1962. His DD Form 214 for this period of service shows in:
* Item 3a (Grade, Rate or Rank) - 1LT/O-2
* Item 3b (Date of Rank) - 1 November 1959
* Item 32 (Remarks) - Temporary 1LT, AUS, Appointed 2 May 1959; Permanent 1LT, USAR, Appointed 1 November 1959
7. On 4 September 1962, Headquarters, Fourth U.S. Army issued the applicant a memorandum of "Promotion as Reserve Commissioned Officer of the Army" effective 7 August 1962.
8. He was honorably discharged from the USAR, in the rank of CPT, on 3 November 1965.
9. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that:
* Items 3a and 3b show the rank/grade and date of rank at the time of separation
* Item 32 would indicate the temporary and/or permanent appointed grade
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant served on active duty during the period 9 October 1961 through 6 August 1962. During his active duty service he held the rank/grade of 1LT/O-2. He did not hold the rank/grade of CPT/O-3. He was promoted to CPT in the USAR after his release from active duty. However, his USAR promotion had no impact on his previously-issued DD Form 214. The DD Form 214 is a synopsis of a Soldier's period of continuous active service. His DD Form 214 correctly listed his rank/grade and there is no reason to change either.
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) AR20140005525
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ABCMR Record of Proceedings (cont) AR20140005525
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