BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017630 


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, a review of his 1973 discharge from the U.S. Army Reserve (USAR). 

2.  The applicant states he was discharged from the USAR on 16 August 1973 for failure to be promoted to first lieutenant (1LT).  He was eligible for promotion to 1LT at the time of discharge but his enlistment expired.  The inaccurate discharge adversely affected his service.

3.  The applicant provides:

* DA Form 66 (Officer Qualification Record)
* Letter Orders Number 08-1232763
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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's records show he enlisted in the USAR for 6 years on 1 February 1966.  He entered active duty on 12 April 1967 and he held military occupational specialty 71H (Personnel Specialist). 

3.  He was honorably released from active duty on 19 August 1967 and returned to the USAR to complete his remaining obligation. His DD Form 214 shows he completed 4 months and 8 days of total active service. 

4.  In November 1969, he submitted a DA Form 61 (Application for Appointment) and requested appointment as a commissioned officer of the Army Reserve.  His application was favorably considered. 

5.  On 8 August 1970, Headquarters, First Army, Fort Meade, MD published Special Orders Number 220 honorably discharging him from the USAR effective 11 July 1970 for the purpose of accepting an appointment as a Reserve officer. 

6.  He was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT) and executed an oath of office on 12 July 1970.  

7.  Following his appointment, he was assigned as a platoon leader to Company B, 6th Battalion, 68th Armor, in Pennsylvania. 

8.  On 19 August 1973, Office of the Adjutant General, USAR Components Personnel and Administration Center published Letter Orders Number              08-1232763 ordering his honorable discharge from the USAR effective 16 August 1973 in accordance with Army Regulation 135-175 (Separation of Officers), paragraph 4-6, by reason of failure to qualify for promotion to 1LT. 

9.  Army Regulation 135-175 prescribes the policies, criteria, and procedures governing the separation of Reserve offices of the Army.  Paragraph 4-6 (Failure to qualify for promotion to first lieutenant) states an officer in the grade of second lieutenant who has completed the required statutory military service obligation will be discharged upon being considered but not recommended for promotion by the appropriate commander on or before the date upon which the officer completes 3 years of promotion service (Title 10, U.S. Code, section 3819).

10.  Title 10, U.S. Code, section 3819 (Army Reserve officers: discharge for failure of promotion to first lieutenant) states:

	a.  Except as provided in sections 1005 and 1006 of this title, each second lieutenant of the Army Reserve who is in an active status and not on the active-duty list shall be discharged from his reserve appointment if he is not promoted before or on the date on which he completes three years of service computed under section 3360(b) of this title.

	b.  Except as provided by section 1006 of this title, each second lieutenant of the Army Reserve who is on the active-duty list of the Army and is found not qualified for promotion to the reserve grade of first lieutenant shall be discharged from his reserve appointment not later than the end of the 18-month period beginning on the date on which he is first found not qualified for promotion to that grade, unless he is promoted to that grade before the end of that period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlisted service began on 1 February 1966 and terminated on 11 July 1970, the day before he was appointed as a commissioned officer.  This enlisted service had no bearing on his subsequent service as a commissioned officer.

2.  He was appointed as a Reserve commissioned officer in the rank of 2LT on 12 July 1970.  By July 1973, he had failed to be promoted to 1LT.  As required by law and regulation, he was honorably discharged on 16 August 1973 for failing to qualify for promotion to 1LT.

3.  The applicant was properly discharged from the USAR.  There is neither an error nor an injustice in his separation.  Therefore, his discharge was appropriate and no record correction is required or necessary. 

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)                                         AR20140017630





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017630



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1