Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140013210
Original file (20140013210.txt) Auto-classification: Approved

		IN THE CASE OF:  	  

		BOARD DATE:  30 April 2015	  

		DOCKET NUMBER:  AR20140013210 


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 reconsideration of her earlier request for correction of the following documents to show her rank and grade as major (MAJ)/O-4 instead of captain (CPT)/O-3:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 November 1982
* U.S. Army Reserve (USAR) discharge orders, dated 6 October 1994
* DD Form 256A (Honorable Discharge Certificate), dated 6 October 1994
* USAR Personnel Center (DARP) Form 249-2-E (Chronological Statement of Retirement Points), dated 10 February 1995

2.  The applicant states she was promoted to MAJ in 1989.

3.  The applicant provides:

* DD Form 214 for the period ending 1 November 1982
* self-authored letter to the President, MAJ, Army Promotion List Selection Board, dated 28 February 1989
* U.S. Total Army Personnel Command memorandum, dated 10 May 1989
* U.S. Total Army Personnel Command memorandum, dated 2 June 1989
* DD Form 2A (Uniformed Services Identification Card – Reserve Components), dated 4 August 1989
* U.S. Army Logistics Management College Management of Defense Acquisition Contracts (Basic) (8D-4320) Course diploma, dated 11 August 1989
* DA Form 1059 (Service School Academic Evaluation Report), dated 29 August 1989
* DARP Form 249-2-E, dated 10 February 1995

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130018366 on 1 July 2014.

2.  The applicant provided a U.S. Total Army Personnel Command memorandum, dated 2 June 1989, subject:  Promotion as a Reserve Commissioned Officer of the Army under Title 10 of U.S. Code (Army Regulation 135-155 (Army National Guard and U.S. Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers)), showing she was promoted to MAJ effective 20 May 1989.  This is new evidence that warrants consideration by the Board at this time.

3.  She was commissioned as a second lieutenant and she entered active duty on 21 May 1977.  On 1 November 1982, she was discharged by reason of unqualified resignation and accepted into the USAR Control Group (Reinforcement).  Her DD Form 214 shows her rank as CPT.

4.  The applicant's official military personnel file includes Office of the Adjutant General Orders C-02-909088, dated 9 February 1983, showing she was released from the USAR Control Group (Reinforcement) and assigned to Headquarters and Headquarters Company, 168th Support Group, effective 1 December 1982.

5.  U.S. Total Army Personnel Command memorandum, dated 2 June 1989, subject:  Promotion as a Reserve Commissioned Officer of the Army under Title 10 of U.S. Code announced her promotion to MAJ effective 20 May 1989.

6.  She provided a copy of her Reserve Component identification card issued on 4 August 1989 showing her rank and grade as MAJ/O-4.  She also provided a copy of her DA Form 1059, dated 29 August 1989, showing her rank as MAJ.

7.  USAR Personnel Center Orders D-10-483059, dated 6 October 1994, honorably discharged her from the USAR in the rank of CPT effective 6 October 1994.  She provided a copy of her DD Form 256A, dated 6 October 1994, showing her rank as CPT.

8.  She provided a copy of her DARP Form 249-2-E, dated 10 February 1995, showing her rank as CPT.

9.  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.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The U.S. Total Army Personnel Command memorandum, dated 2 June 1989, showing she was promoted to MAJ effective 20 May 1989 is accepted as sufficient evidence on which to correct the following documents to show her rank as MAJ:

* USAR Personnel Center Orders D-10-483059, dated 6 October 1994
* DD Form 256A, dated 6 October 1994
* DARP Form 249-2-E, dated 10 February 1995
 
2.  The DD Form 214 is a "snapshot in time"; it is a reflection of active duty service at the time of release from active duty.  Since the applicant was promoted to MAJ effective 20 May 1989, almost 7 years after her release from active duty, there is no basis for amending her DD Form 214 for the period ending 1 November 1982 to show her rank as MAJ at the time of separation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20130018366, dated 1 July 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her rank as MAJ on the following documents:

* USAR discharge orders, dated 6 October 1994
* DD Form 256A, dated 6 October 1994
* USAR Personnel Center chronological statement of retirement points

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending her DD Form 214 for the period ending 1 November 1982 to show her rank as MAJ.



      _______ _   _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)                                         AR20140013210



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013210



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130018366

    Original file (20130018366.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant states: a. she served as a Regular Army (RA) officer from May 1977 – November 1982, at which time she was honorably discharged in the rank of CPT; b. she served in the United States Army Reserve (USAR) with the 168th Support Group from November 1982 to November 1990, during which time she was promoted to MAJ in 1989; c. following her service with the 168th Support Group, she served in...

  • ARMY | BCMR | CY2011 | 20110021306

    Original file (20110021306.txt) Auto-classification: Denied

    The applicant requests correction of her first name "S----ta" to "S----ke" on all of her military documents, including her DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 256A (Honorable Discharge Certificate), DARP Form 249-2-E (Chronological Statement of Retirement Points), and Department of Veterans Affairs (VA) Certificate of Eligibility for Loan Guaranty Benefits. A review of the applicant's record shows her first name appears as "S----ta" on all documents...

  • ARMY | BCMR | CY2010 | 20100022074

    Original file (20100022074.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests: * correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and U.S. Army Reserve Personnel Center (DARP) Form 249 (Chronological Statement of Retirement Points) to reflect the highest grade she attained was first lieutenant (1LT)/O-2 * correction of her DD Form 214 to reflect she was promoted to the rank of sergeant (SGT)/E-5 and she was appointed...

  • ARMY | BCMR | CY2010 | 20100024493

    Original file (20100024493.txt) Auto-classification: Approved

    The applicant requests documents be added to her official military personnel file (OMPF). USAR Personnel Center Permanent Orders 52-2, dated 16 April 1993, awarded her the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active military service for the period 29 December 1986 through 28 December 1989. The following documents/forms are filed in her OMPF.

  • ARMY | BCMR | CY2013 | 20130019739

    Original file (20130019739.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show he served continuously as a commissioned officer in the U.S. Army Reserve (USAR) and entitlement to adjustment of his pay and allowances at the pay grade O-4 rate. If selected, the Board further recommended correction of his records to show: a. he was promoted to MAJ on his date of eligibility provided he was otherwise qualified and met all other prerequisites for promotion; b. his transfer to the Retired Reserve for...

  • ARMY | BCMR | CY2014 | 20140004207

    Original file (20140004207.txt) Auto-classification: Denied

    The applicant requests adjustment of her active duty date of rank (ADOR) for captain (CPT) and major (MAJ), based on time she served on active duty as a commissioned Army officer. These orders show: * she was called to active duty for a minimum of 3 years, for service in the Regular Army * immediately upon arrival at her duty station, the personnel service center with records responsibility would initiate a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay...

  • ARMY | BCMR | CY2007 | 20070009174

    Original file (20070009174.txt) Auto-classification: Approved

    A Chronological Statement of Retirement Points (ARPC Form 249-2-E) on file in her Official Military Personnel File (OMPF) shows that she has compiled 3348 creditable retirement points, and completed 18 years and 9 months of qualifying service for retirement. The HRC-St. Louis advisory opinion provided during the 2006 review of the applicant's case by the Board indicated that the applicant was in an active status and earned retirement points during the period she was in the ROTC SMP between...

  • ARMY | BCMR | CY2011 | 20110022266

    Original file (20110022266.txt) Auto-classification: Approved

    The applicant requests: * Extension of his mandatory removal date (MRD) to 30 September 2011 * Service credit and recalculation of retired pay to include all service completed between his current MRD of 7 May 2010 through the adjusted MRD * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to include the creditable service as well as award of the Meritorious Service Medal 2. The applicant states: * His MRD was 7 May 2010 prior to changing his status from...

  • ARMY | BCMR | CY2006 | 20060016452

    Original file (20060016452.txt) Auto-classification: Approved

    This record shows, in pertinent part, that the applicant’s RY beginning date is 12 May, her RYE date is 11 May, and that she has 10 years of creditable service for retirement. In support of her application, the applicant provides a copy of Headquarters, Second Region (ROTC) U.S. Army Cadet Command, Orders 104-1-A-267, dated 14 April 1995 and DD Form 214, with an effective date of 1 February 2000, that show, in pertinent part, she entered active duty on 12 May 1995, her primary specialty was...

  • ARMY | BCMR | CY2008 | 20080017487

    Original file (20080017487.txt) Auto-classification: Approved

    He further states the record shows the applicant was considered and selected for promotion to CPT by the 1997 RCSB and was given a date of rank of 3 October 1998 as a TPU officer. Therefore, as recommended by HRC promotion officials, it would be appropriate and serve the interest of justice to refer the applicant's record to an SSB for consideration for promotion to CPT under the criteria of the 1994 (if otherwise eligible, given his 1 November 1994 REFRAD date) and 1995 promotion boards...