BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014492 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014492 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014492 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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 13 November 1970 to show his rank as captain (CPT)/O-3. 2. The applicant states: a. He was promoted to CPT while serving in the U.S. Army Reserve (USAR). He was never given an updated DD Form 214 upon leaving the USAR. He should have been discharged in the rank of CPT. b. He is now 100-percent disabled and would like to have his rank of CPT on his death certificate and headstone. He believes his DD Form 214 should reflect his rank at the time of his discharge from the USAR on 31 August 1981. His DD Form 214 is used for numerous benefits. 3. The applicant provides: * DD Form 214 for the period ending 13 November 1970 * promotion letter, dated 29 May 1975 * discharge orders, dated 31 August 1981 * DA Form 66 (Officer Qualification Record) * DA Form 2-1 (Personnel Qualification Record – Part II) 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 was commissioned as a second lieutenant in the USAR on 8 February 1969 and he entered active duty. He was promoted to first lieutenant (1LT) effective 8 February 1970. On 13 November 1970, he was released from active duty (REFRAD) in the rank of 1LT. His DD Form 214 for the period ending 13 November 1970 shows in: * item 5a (Grade, Rate, or Rank) – 1LT * item 5b (Pay Grade) – O-2 3. On 15 September 1974, he was promoted to CPT. 4. On 8 September 1981, he was honorably discharged from the USAR in the rank of CPT. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect 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 established standardized policy for preparation of the DD Form 214 and stated 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 REFRAD, retirement, or discharge. DISCUSSION: 1. The applicant contends he was promoted to CPT while serving in the USAR and his DD Form 214 should reflect his rank at the time of his discharge from the USAR on 31 August 1981. 2. The DD Form 214 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his REFRAD. 3. His rank is shown as 1LT on his DD Form 214 for the period ending 13 November 1970. 4. The evidence of record shows he was promoted to CPT in 1974, 4 years after his REFRAD. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014492 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014492 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2