IN THE CASE OF:  	  

		BOARD DATE:  12 May 2015	  

		DOCKET NUMBER:  AR20140017138 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as captain (CPT) or the highest rank possible vice chief warrant officer three (CW3).

2.  The applicant states:

	a.  He is requesting advancement to the rank of CPT or the highest rank possible for the explicit purpose of [having the rank placed on] his gravesite head stone.  In the 1970's, he served in positions as a single pilot for the Post Commander, Fort Campbell, KY.  He flew twin engine airplanes and a variety of helicopters and the position called for the highest experience level.

	b.  He wants his active duty rank advanced to the maximum rank possible with no monetary consideration for the rank adjustment.  He has not been receiving military retired pay since April 1992 as he converted all his military time to civil service for one annuity.

	c.  He estimated that 40 to 50 percent of his Army fixed wing flight time was spent transporting military dignitaries (i.e., Westmorland and Ambassador Unger from Bangkok).  In the early 1950's, Mrs. Roosevelt flew with him frequently in North Africa and in Europe.  He would like this done in the near future as he is 83 years old and was exposed to 47 months of herbicides in Korea and during two tours of Vietnam.


3.  The applicant provides his DD Form 214, orders, a letter, and certificate.

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.  Having had prior enlisted service in the U.S. Air Force, the applicant was appointed as a U.S. Army Reserve Warrant Officer One (WO1) on 20 May 1965 with a concurrent call to active duty.  He held military occupational specialty 101C0 (Fixed Wing Pilot, Multi-Engine).  On 23 January 1970, he was promoted to the rank/grade of CW3/W-3 in the Army of the United States.

3.  He provides and his record contains Letter Orders Number S10-347, dated 27 October 1971, issued by the Department of the Army, voluntarily retiring him from active duty effective 30 November 1971 and placing him on the Retired List effective 1 December 1971 in the retired rank of CW3.

4.  He was honorably retired from active duty on 30 November 1971 and he was placed on the Retired List on 1 December 1971 in the rank of CW3.  He completed a total of 21 years, 6 months, and 7 days of creditable active service.  Item 5a (Grade Rate or Rank) of the DD Form 214 he was issued shows his rank as CW3.

5.  The applicant provides a:

	a.  Letter from the Federal Aviation Administration, dated 4 February 2000, wherein it stated the applicant was employed by the Federal Aviation Administration, Nashville, TN, as an Aviation Safety Inspector from 20 April 1980 until his retirement on 27 July 1992.

	b.  Certificate from the State of Tennessee, dated 18 March 2000, wherein it stated the applicant was commissioned as a major (MAJ)/O-4 in the Tennessee State Guard from 17 February 2000.
6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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.

7.  Title 10, U.S. Code, section 1370 provides an officer will be retired in the highest rank/grade served on active duty satisfactorily.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held the rank of CW3 at the time he was retired from active duty on 30 November 1971 and he was properly placed on the Retired List in the rank of CW3, the highest rank he held during his active duty service.  

2.  The applicant's honorable service is noted; however, his rank is properly shown on his DD Form 214.  The DD Form 214 is a record of the Soldier's most recent period of continuous active duty service.  There are no provisions for correcting the DD Form 214 or the retired rank to show a rank higher than the Soldier held when he was released from active service.  Therefore, he is not entitled to 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)                                         AR20140017138



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ABCMR Record of Proceedings (cont)                                         AR20140017138



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