BOARD DATE: 17 April 2014 DOCKET NUMBER: AR20130012300 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 the highest grade he satisfactorily held was captain (CPT/O-3). 2. The applicant states he was promoted to CPT in August 1985. He was passed over for promotion to major (MAJ/O-4) in August 1992, but his pay records will confirm his correct pay grade. 3. The applicant provides no additional evidence. 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. On 7 August 1980 he accepted an appointment as a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT). 3. Orders 22-16, issued by the 69th Personnel Service Company, Germany, on 25 January 1982, promoted the applicant to first lieutenant (1LT/O-2), effective 24 February 1982. 4. On 8 September 1983, the applicant was notified that he was recommended for promotion to CPT. 5. On 10 May 1984, he was notified by the Chief, Separations Section, Personnel Management Branch, U.S. Army Military Personnel Center, Alexandria, VA, of his non-selection for retention on active duty in voluntary indefinite status. 6. His request to be retained on active duty was denied by the same organization for the following reasons: a. Overall performance, as well as potential, was below that of contemporaries, as substantiated by Officer Evaluation Reports (OER) from 25 October 1980 through 17 February 1984. b. Repeatedly demonstrated difficulty in areas of knowledge of assigned tasks, judgment, leadership, communication skills, and standards, as reflected in OERs from 25 October 1980 through 17 February 1984. 7. On 25 May 1984, the applicant acknowledged receipt of his letter of notification informing him of his pending release from active duty effective 23 August 1984. 8. He was released from active duty on 23 August 1984 by reason of expiration term of service in accordance with chapter 3, Army Regulation 635-100 (Personnel Separations - Officer Personnel) and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. His DD Form 214 shows his rank and pay grade as 1LT/O-2. 9. A review of his Soldier Management System (SMS) record lacks any documentation showing he was promoted to CPT during the period covered by his DD Form 214 ending 23 August 1984. He was subsequently promoted to CPT effective 6 August 1986. 10. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers at retirement, discharge, or release from active duty service or control of the active Army. Chapter 2 contained guidance for preparation and distribution of the DD Form 214 and stated for item 4 (Grade, Rate, or Rank), the active duty grade or active duty rank and pay grade at the time of separation would be entered. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant accepted an appointment as a 2LT on 7 August 1980. He was later promoted to 1LT on 24 February 1982. He was released from active duty on 23 August 1984 in the rank of 1LT. The record further shows that he was promoted to CPT after his release from active duty on 6 August 1986 which is beyond the period of his DD Form 214. He failed to provide any pay records to confirm he held the rank of CPT during the period covered by his DD Form 214. 2. In view of the facts of this case, there does not appear to be an error or injustice. Therefore, absent evidence to the contrary, there is no basis for granting 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) AR20130012300 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130012300 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1