IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140014786
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 11 October 2011, to show his separation rank as captain (CPT) instead of first lieutenant (1LT).
2. The applicant states:
* he was scheduled to be promoted to CPT in September 2011
* after contacting the U.S. Army Human Resources Command (HRC) to inquire about an amended DD Form 214, since his shows he was separated from active duty as a 1LT, he was told that there wasn't a record of his promotion to CPT
* according to HRC, his promotion was delayed because there was no record of him obtaining his Bachelor's degree - he was referred to the Army Board for Correction of Military Records (ABCMR) for relief
* he received his Bachelor's degree from the University of Notre Dame in 2006 before he entered the Army
* the reply he received from HRC was simply made in error
* he made the promotion list in early 2011 and his sequence number came up for promotion in September 2011
3. The applicant provides a copy of his undergraduate transcript from the University of Notre Dame that shows his Bachelor of Arts degree was conferred to him on 21 May 2006.
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 applicants 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 applicants 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 second lieutenant in the Regular Army on 10 July 2008.
3. He was promoted to 1LT on 10 January 2010.
4. Orders Number 284-005, issued by HRC on 11 October 2011, promoted him to CPT effective 1 September 2011.
5. He was honorably discharged from the Army on 11 October 2011. Item 4a (Grade, Rate or Rank) of his DD Form 214 contains the entry "1LT" and item 12i (Record of Service Effective Date of Pay Grade) of his DD Form 214 contains the entry "2010 01 10."
6. In the processing of this case, an advisory opinion was obtained from the Chief, Officer Promotions Management, HRC, Fort Knox, Kentucky. This official concluded, after reviewing the applicant's personnel records and promotion eligibility, that his promotion to CPT was lawful. CPT [Applicant's] 1LT Date of Rank (DOR) placed him in the primary zone for consideration to CPT by the Fiscal Year 2011, CPT Army Competitive Category, Promotion Selection Board. At the time he was to be promoted to CPT, the Total Officer Personnel Management Information System (TOPMIS) did not reflect his possession of a Bachelor's degree, which was a requirement for promotion to CPT. TOPMIS was subsequently updated and his promotion orders were cut, promoting him to CPT with an effective date and DOR of 1 September 2011.
7. The applicant was provided a copy of the advisory opinion on 20 November 2014, for information and to allow him the opportunity to submit comments or a rebuttal; however, he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214, for the period ending 11 October 2011, to show his separation rank as CPT instead of 1LT, was carefully considered.
2. The evidence of record shows he was promoted to CPT on 1 September 2011 and he was discharged from the Army on 11 October 2011.
3. His DD Form 214 shows he was separated as a 1LT; therefore, item 4a of his DD Form 214 should be corrected to show he was separated as a CPT, and item 12i of his DD Form 214 should be corrected to show his effective date of pay grade as 1 September 2011.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending:
* item 4a of his DD Form 214 to show the entry "CPT"
* item 12i of his DD Form 214 to show the entry "2011 09 01"
____________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) AR20110025089
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ABCMR Record of Proceedings (cont) AR20140014786
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