IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140009009
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as second lieutenant (2LT).
2. The applicant states, in effect, that his DD Form 214 does not reflect the fact that he held a commission as a 2LT.
3. The applicant provides copies of his DD Form 214, appointment, discharge orders, and certificate as a 2LT.
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 8 February 1980. He completed his one-station unit training as a heavy anti-armor weapons crewman and airborne training at Fort Benning, Georgia and was transferred to Fort Bragg, North Carolina for his first and only duty assignment. He was promoted to the pay grade of E-5 on 1 March 1983.
3. On 7 March 1984, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. His DD Form 214 shows his rank as sergeant E-5 and that he served 4 years and 1 month of active service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
4. On 28 August 1984, he was appointed as a USAR 2LT in the Military Intelligence Branch.
5. On 9 November 1987, he was honorably discharged from the USAR as a 2LT due to not meeting the qualifications for promotion.
6. A review of the applicants records failed to show any evidence of the applicant serving on active duty as a 2LT.
7. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 serves as a snap-shot in time of events that occur during the period covered by the DD Form 214. Information/events that occur subsequent to the period of the DD Form 214 will not be entered on the DD Form 214 retroactively. Additionally, the DD Form 214 is only issued upon separation from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant was REFRAD in the pay grade of E-5 and his DD Form 214 correctly reflects the rank he served under while on active duty as of 7 March 1984.
2. The applicant was commissioned as a USAR 2LT on 28 August 1984 and there is no evidence to show that he served on active duty in that grade long enough to be issued a DD Form 214.
3. Additionally, he was not serving on active duty when he was honorably discharged from the USAR due to not meeting promotion qualifications.
4. Accordingly, there appears to be no error or injustice in his case and no basis to grant his request to reflect his subsequent commission as a USAR 2LT on his DD Form 214.
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) AR20140009009
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ABCMR Record of Proceedings (cont) AR20140009009
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