IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150002673
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 his records be corrected to show his promotion to captain (CPT).
2. The applicant states a recent review of his Official Military Personnel File (OMPF) failed to show the 9 June 1976 orders that corrected his discharge rank to CPT.
3. The applicant provides his 3 June 1975 promotion orders and 9 June 1976 orders correcting his discharge rank.
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 served as a U.S. Army Reserve (USAR) commissioned officer on active duty from 23 May 1970 through 12 June 1972.
3. Upon completion of his period of obligated active duty he was released from active duty and reassigned to the USAR Control Group (Annual Training). His DD Form 214 (Report of Transfer or Discharge) shows his rank as first lieutenant (1LT).
4. Promotion orders, dated 1 July 1975, show that the applicant was promoted to captain in the USAR effective 3 June 1975.
5. Reserve Components Personnel and Administration Center (RCPAC) Letter Orders Number 07-120576, dated 2 July 1975, discharged him effective 10 July 1975 due to resignation. His rank was shown as 1LT.
6. RCPAC Letter Orders Number 06-87287, dated 9 June 1976, corrected RCPAC Letter Orders Number 07-120576 to show the applicant's discharge rank as CPT. His OMPF does not include a copy of this correction.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to CPT effective 3 June 1975. He was discharged from the USAR on 10 July 1975 with his separation orders showing a rank of 1LT.
2. His rank on his discharge orders was corrected approximately a year later. However, RCPAC failed to properly associate the orders correcting his rank with his OMPF.
3. The correction of the applicant's discharge rank should have resulted in the generation of a new Honorable Discharge Certificate showing his correct rank. It does not appear that this occurred.
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:
a. including a copy of the RCPAC Letter Orders Number 06-87287 in the applicant's OMPF and
b. issuing the applicant a new Honorable Discharge Certificate showing he was discharged from the USAR on 10 July 1975 as a CPT.
___________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) AR20150002673
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150002673
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110010942
In a letter Subject: Promotion Consideration in the USAR, dated 5 October 1976, he was informed that a review of his records reveal his point for RYE 15 May 1975 were incorrectly submitted the Department of the Army Reserve Component Selection Board that convened on 5 August 1975. Therefore, it is reasonable to assume that these same certificates and the order were reviewed by the promotion board during their consideration and subsequent selection of him to the rank of LTC. The applicant...
ARMY | BCMR | CY2013 | 20130000077
Paragraph 2-11c(2) of Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states if the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, retired grade will be that grade which a commissioned officer or enlisted Soldier held while on active duty or in an active Reserve status for at least 185 days or six calendar months. Since the governing regulation states the retired grade will be that grade which a commissioned officer...
ARMY | BCMR | CY2011 | 20110017692
His promotion to CPT was never listed on his DD Form 214 as he believed it would be. Item 6 (Date of Rank) of his DD Form 214 lists his date of rank as 11 July 1970. The applicant's DA Form 66, orders, and documents in his record confirm he was promoted to the rank/pay grade of 1LT/O-2 with a date of rank of 11 July 1970 and this is the rank he held on the date of his release from active duty on 24 April 1971.
ARMY | BCMR | CY2011 | 20110023243
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: The evidence of record shows the applicant served on active duty from 29 August 1968 through 13 August 1970 and held the rank of 1LT at the time of his release from active duty. The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty.
ARMY | BCMR | CY2008 | 20080007145
He adds, in effect, that it was a failure of the United States Army Reserve (USAR) to promote him to 1LT with a date of rank concurrent with his Army National Guard (ARNG) appointment of 13 April 1953. The applicant also states, in effect, that another error was made when he was non-selected for promotion to CPT. Item 12 (Appointments) of the applicant's DA Form 66, Officer Qualification Record, shows he was promoted to 1LT in the Army of the United States effective 19 August 1951; to 1LT...
ARMY | BCMR | CY2013 | 20130016902
Application for correction of military records (with supporting documents provided, if any). Special Orders Number 128, issued by Headquarters, 2nd Infantry Division, Korea promoted him to first lieutenant (1LT) with an effective date and date of rank (DOR) of 8 May 1970. The evidence of record shows the applicant served on active duty in Korea from 4 April 1970 to 21 November 1970, a period of 7 months and 17 days.
ARMY | BCMR | CY2008 | 20080016297
Paragraph 3-19 (Promotion Reconsideration Boards) of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides, in pertinent part, that records of officers or former officers will be referred for special selection board action when the Office of Promotions (Reserve Components) determines that a review of a mandatory selection board finds that an officer's records contained a material error. Subsection (a) states, in pertinent...
ARMY | BCMR | CY2014 | 20140009492
His DD Form 214 shows he was a 1LT with a date of rank of 18 March 1972. On 6 November 1980, he was discharged from the USAR in the rank of CPT. This regulation stated that the active duty grade at the time of separation was to be entered on the DD Form 214.
ARMY | BCMR | CY2006 | 20060008253
The applicant provides orders promoting him to 2LT in the USAR with a date of rank (DOR) of 11 January 1967, orders promoting him to 1LT in the Army of the United States (AUS) with a DOR of 11 January 1968, orders promoting him to CPT in the AUS with a DOR of 11 January 1969, a letter, dated 1 December 1979, from the Reserve Components Personnel and Administration Center, St. Louis, Missouri which indicated that he was to be promoted to MAJ with a DOR of 9 January 1980 [which was...
ARMY | BCMR | CY2011 | 20110000244
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as a captain (CPT) and that he was transferred to the Individual Ready Reserve (IRR). The applicant states that he desires his DD Form 214 to show that he was discharged in the rank of CPT and that he was serving in the IRR following his active duty. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of...