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 ABCMRs 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
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