IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014949 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 IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014949 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. IN THE CASE OF: BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20150014949 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 U.S. Army Reserve (USAR) discharge orders to show he was discharged for some other, unspecified reason and not his failure to qualify for promotion, as is currently shown. 2. The applicant states his U.S. Army Administration Center (USAAC) Form 872 (Letter Orders, USAR) states he failed to qualify for promotion; however, he had three years time in grade and he voluntarily served for years beyond his obligated end date. 3. The applicant provides a copy of his USAR discharge orders, dated 6 May 1968, and two letters from Soldiers he served with, each dated 26 April 2006. 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 had enlisted service in the USAR between 5 November 1958 and 24 May 1965, during which time he attained the rank of sergeant first class. 3. The applicant was appointed as a Reserve commissioned officer of the Army on 25 May 1965, as a second lieutenant (2LT) in the Artillery Corps. 4. It appears the applicant was reassigned to the USAR Control Group (Standby), effective 30 December 1965. 5. The applicant's record contains two separate endorsements from the USAAC, dated 20 March and 30 March 1967, which address training requests submitted on the applicant's behalf. In both cases, the requesting organization was advised that the applicant, being a member of the USAR Control Group (Standby), was ineligible to participate in active duty for training or to perform duty for pay or retirement points. 6. Letter Orders USAR Number 04-116568, issued by the USAAC on 4 April 1967, reassigned the applicant from the USAR Control Group (Standby) to the USAR Control Group (Reinforcement), by the verbal orders of the commanding officer, effective 16 January 1967. 7. Letter orders, dated 6 May 1968, honorably discharged the applicant from the USAR, effective 6 May 1968, by reason of his failure to qualify for promotion to first lieutenant (1LT). 8. The applicant's record contains a letter from the USAAC, dated 9 May 1968, subject: Nonselection for Promotion in the Army Reserve, which notified him that he had been found nonqualified for promotion to 1LT. Consequently, he would be discharged since he had no remaining service obligation. 9. The applicant's record is void of a separation packet that was completed prior to his discharge. Additionally, his record is void of documentation that clearly: * identifies the reason he was considered nonqualified for promotion to 1LT * supports his status as a satisfactory participant * shows he completed the Artillery Officer Basic Course 10. The applicant provides two letters from Soldiers he served with, each dated 26 April 2006. Both letters are identical; the first is signed by a retired lieutenant colonel and the second is signed by a retired master sergeant. In each memorandum, the signator extols the applicant's service in the USAR and the II Corps Marksmanship unit, and notes that the applicant was given an honorable discharge in 1968, after having been found (erroneously) not qualified for promotion to 1LT, by virtue of his supposed "insufficient participation." REFERENCES: 1. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for promoting commissioned officers in the Reserve Components of the Army below the grade of general officer. a. Paragraph 9 (Promotion Eligibility Date) provides that a 2LT becomes eligible for promotion to 1LT on the later of the following dates: (1) The date the officer completes 3-years of promotion service computed from date of his/her acceptance of appointment. (2) In the event of nonselection, no earlier than the date the officer is subsequently found qualified for promotion. b. Paragraph 11 (Eligibility for Promotion) provides that: (1) To be eligible for promotion, a Reserve of the Army officer must: (a) Be in an active Reserve status. (b) Be on active duty or be participating satisfactorily in Reserve training as defined in Army Regulation 135-90 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) or earn the minimum retirement points for retention as prescribed in Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), as appropriate. Non-unit officers of the Control Group delayed in the following categories, who have requested and have been excused from all Reserve training and Annual Active Duty for Training (ANACDUTRA) by the area commander, are considered to be participating satisfactorily: medical, dental, or veterinary students; interns or residents; or those medical, dental or veterinary personnel enrolled in appropriate postgraduate professional training. (c) Meet the prescribed minimum military educational requirements. (2) Prior to promotion to 1LT, an individual must: (a) Undergo, or have undergone within the preceding 12 months, a medical examination of the scope provided in paragraph 2b(1), Army Regulation 40-500 (Medical Service Standards of Miscellaneous Medical Examinations), and meet the fitness standards prescribed in chapter 3, Army Regulation 40-501 (Standards of Medical Fitness). (b) Complete 3 years time in grade as a 2LT for promotion to 1LT. c. Paragraph 15 (Promotion from 2LT to 1LT) provides that: (1) A grade vacancy is not required. Each Reserve 2LT who is considered qualified will be promoted when he/she completes 3 years of promotion service. (2) When a 2LT is considered not qualified for promotion, his name, together with the reasons for such disqualification, will be forwarded for determination of promotion or elimination action as follows: (a) Officers on active duty to the Chief of Personnel Operations, ATTN: RCAP-P, Headquarters, Department of the Army, Washington, D.C., 20315. (b) USAR officers not on active duty to the corps commander delegated promotion authority. (3) An officer in the grade of 2LT found not qualified for promotion, who is retained in an active Reserve status, may be considered for promotion at any time while being retained in an active Reserve status. A 2LT found not qualified may be discharged under provisions of Army Regulation 140-175 (Army Reserve – Officer Separations), unless retained. DISCUSSION: 1. The applicant requests correction of his USAR discharge orders to show he was discharged for some other, unspecified reason and not his failure to qualify for promotion as currently shown. 2. The applicant contends he was erroneously discharged based on his failure to qualify for promotion. He counters this by stating he had three years' time in grade and he voluntarily served for years beyond his obligated end date. In his provided evidence, two fellow Soldiers appear to support this contention by extoling the applicant's service in the USAR and the II Corps Marksmanship unit, and noting that the applicant received an honorable discharge in 1968, after having been found (erroneously) not qualified for promotion to 1LT, by virtue of his supposed "insufficient participation." 3. The applicant was non-selected for promotion to 1LT; however, the exact reason he was declared nonqualified for promotion is not apparent in his record. 4. The applicant's record is void of a separation packet that was completed prior to his discharge. Consequently, the reason he was considered nonqualified for promotion to 1LT, the degree to which he satisfactorily participated while a member of the USAR, and his educational completion status cannot be determined. 5. The applicant's record does contain a letter from the USAAC, dated 9 May 1968, which notified him that he had been found nonqualified for promotion to 1LT. Given this letter and the lack of evidence to the contrary, it is more likely than not that his non-qualification status was correct at the time and he was processed for separation in accordance with the governing policies and regulation at the time. 6. There is a presumption of regularity in government affairs. Given the lack of evidence to the contrary, neither the evidence of record nor the applicant's provided evidence confirms an error or injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014949 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2