BOARD DATE: 25 September 2014 DOCKET NUMBER: AR20130022343 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/grade as first lieutenant (1LT)/O-2 vice specialist five (SP5)/E-5. 2. The applicant states his DD Form 214 incorrectly shows his rank as SP5. He was a 1LT at the time of his discharge. 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. The applicant enlisted in the Regular Army on 21 February 1968 for a period of 6 years. 3. His record contains a DA Form 61 (Application for Appointment) and a Statement of Understanding, dated 21 February 1968, which show he would be appointed as a commissioned officer in the rank of 2LT after he completed Officer Candidate School (OCS). 4. He was honorably discharged from active duty in the rank of SP5 on 24 January 1969. His DD Form 214 shows his military occupational specialty as 09S00 (Student). It further shows he completed infantry OCS. 5. His record contains a letter of appointment, dated 25 January 1969, which shows he was appointed as a Reserve commissioned officer of the Army in the rank of 2LT, effective 25 January 1969. 6. His record contains a DA Form 71 (Oath of Office), dated 25 January 1969, showing he officially accepted and was appointed as a Reserve commissioned officer in the rank of 2LT on 25 January 1969. 7. Army Regulation 635-5 (Separation Documents) at the time prescribed 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 and DD Form 215. In pertinent part, 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant held the rank of SP5 when he was discharged on 24 January 1969. 2. His letter of appointment and oath of office confirm he was appointed to 2LT on 25 January 1969, the day after his discharge. He provided no evidence to show he served on active duty as an officer. 3. Based on the foregoing, there is insufficient evidence to grant 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) AR20130022343 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130022343 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1