IN THE CASE OF:
BOARD DATE: 2 July 2015
DOCKET NUMBER: AR20140018276
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as captain (CPT)/O-3.
2. The applicant states he was promoted to CPT while on terminal leave and his discharge documents should reflect this promotion
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned a second lieutenant in the Regular Army on 1 October 2010 and was promoted to first lieutenant (1LT) on 1 April 2012.
2. On 9 June 2014, the applicant received his separation orders with a date of release from active duty of 5 October 2014.
3. U.S. Army Human Resources Command Order Number 255-042, dated 12 September 2014, shows the applicant he had been selected for promotion to CPT/O-3 with an effective date and date of rank of 1 October 2014.
4. The applicant was released from active duty as a 1LT effective 5 October 2014 and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve). He is shown to have a Reserve Obligation Termination Date of 30 September 2018.
5. Army Regulation 600-8-29 (Officer Promotions) prescribes the officer promotion function of the military personnel system. It states unless an officer declines a promotion in writing under the provisions of chapter 5, he or she is considered to have accepted the promotion on the effective date announced in the promotion order. Officers accepting a promotion to CPT do not incur an additional service obligation and there is no minimum period required before being eligible for voluntary separation or retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not decline his promotion, there is no evidence he was not in a promotable status, and there is no regulatory bar to promoting him to CPT effective 1 October 2014.
2. Therefore, based on the evidence of record, his DD Form 214 should be amended to show his rank/pay grade/effective date of pay grade as "CPT," "O03," and "2014 10 01."
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 that he was released from active duty in the rank and grade of CPT/O-3 with an effective date of pay grade of 20141001.
_______ _ _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) AR20140018276
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018276
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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