BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002084 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: 3 August 2017 DOCKET NUMBER: AR20160002084 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: 3 August 2017 DOCKET NUMBER: AR20160002084 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was separated in the rank/grade of captain (CPT)/O-3. 2. The applicant states there is an administrative error with respect to the rank and grade shown on her DD Form 214. 3. The applicant provides her DD Form 214 for the period ending 30 May 1997 and a promotion memorandum from the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 12 March 2005. 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 appointed as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 on 26 September 1996 for service as a Medical Service Corps officer in the California Army National Guard (CAARNG). 3. She was ordered to active duty for training on 16 March 1997 to attend the Army Medical Department Officer Basic Course in area of concentration 70B (Health Services Administration). 4. She was released from active duty on 30 May 1997 and transferred back to the CAARNG. Her DD Form 214 shows she completed 2 months and 15 days of net active service. Item 4a (Grade, Rate, or Rank) shows the entry "2LT" and item 4b (Pay Grade) shows the entry "O-1." 5. The applicant provides a memorandum from HRC, dated 12 March 2005, subject: Promotion as a Reserve Commissioned Officer of the Army, which shows she was promoted in the USAR to the rank/grade of CPT/O-3 effective 10 February 2005. 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 the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: The evidence of record shows the applicant served on active duty from 16 March through 30 May 1997 and held the rank/grade of 2LT/O-1 at the time of 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 or discharge. There are no provisions for changing the rank/grade on the DD Form 214 to reflect a rank/grade attained after release from active duty service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002084 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002084 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2