IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140009492
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 grade as captain (CPT) instead of first lieutenant (1LT).
2. The applicant states he does not have a DD Form 214 that reflects he was promoted to CPT.
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate, dated 6 November 1980
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. He previously served in the U.S. Army Reserve (USAR) in an enlisted status. On 5 February 1971, he was appointed a Reserve commissioned officer in the rank of second lieutenant. He entered active duty on 18 March 1971.
3. On 18 March 1972, he was promoted to 1LT in the Army of the United States.
4. On 18 September 1972, he was released from active duty and transferred to the USAR Control Group (Annual Training). His DD Form 214 shows he was a 1LT with a date of rank of 18 March 1972.
5. On 15 September 1975, he was transferred to the USAR Control Group (Reinforcement).
6. On 4 February 1977, he was promoted to CPT.
7. On 6 November 1980, he was discharged from the USAR in the rank of CPT.
8. His Honorable Discharge Certificate, dated 6 November 1980, shows his grade as CPT.
9. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty grade at the time of separation was to be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 with an effective date of 17 September 1972 was the only DD Form 214 in his official military personnel file (OMPF).
2. He was promoted to CPT on 4 February 1977, over 4 years after he was released from active duty. On the date of his release from active duty his grade was 1LT. Therefore, the grade shown on his DD Form 214 with an effective date of 17 September 1972 is correct.
3. In view of the above, there is no basis on which to change the grade on his
DD Form 214 with an effective date of 17 September 1972.
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) AR20140009492
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009492
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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