IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011624
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) to show that he was promoted to captain (CPT)/ pay grade O-3.
2. The applicant states he was promoted to CPT as a field artillery (FA) officer in the U.S. Army Reserve (USAR) on 11 May 1990.
3. The applicant provides a copy of his promotion memorandum.
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 FA commissioned officer in the USAR in the rank of second lieutenant on 12 May 1984 and ordered to active duty (OAD) on 27 June 1984.
3. Headquarters, Defense Language Institute, Foreign Language Center, Presidio of Monterey, CA, Orders 174-9, dated 10 September 1985, promoted the applicant to first lieutenant (1LT)/pay grade O-2 on 23 November 1985.
4. The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 28 October 1988 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He had completed 4 years, 4 months, and 2 days of net active service this period. It also shows in
* item 4a (Grade, Rate or Rank): 1LT
* item 4b (Pay Grade): O2
* item 12 (Record of Service), block h (Effective Date of Pay Grade):
85 11 23 (23 November 1985)
5. U.S. Total Army Personnel Command, St. Louis, MO, memorandum, dated
14 May 1990, promoted the applicant to CPT (O-3) effective and with a date of rank of 11 May 1990.
6. He completed his military service obligation on 16 October 1998.
7. Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or REFRAD service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214.
a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
b. Chapter 2 contains guidance on the preparation of the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. The instructions show for:
(1) item 4a and item 4b, enter the active duty grade of rank and pay grade at time of separation; and
(2) item 12, block h, enter the effective date of promotion to pay grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he was promoted to CPT (O-3).
2. The evidence of record shows the applicant was OAD on 27 June 1984, promoted to 1LT (O-2) on 23 November 1985, and REFRAD on 28 October 1988. The evidence of record also shows that items 4a, 4b, and 12h of his
DD Form 214 show this information as his rank, grade, and the effective date.
a. The Army regulation governing preparation of the DD Form 214 states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation and that it is important the information entered thereon is complete and accurate as of that date (emphasis added).
b. Thus, the evidence of record shows the applicant's DD Form 214 shows his correct rank, grade, and effective date.
3. The evidence of record shows that the applicant served in the USAR Control Group (Reinforcement) from 29 October 1988 through 16 October 1998 and that he was promoted to CPT on 11 May 1990 during this period of reserve service.
4. In view of the foregoing, 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 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) AR20140011624
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ABCMR Record of Proceedings (cont) AR20140011624
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