RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03879

XXXXXXXXXX	COUNSEL: NONE
(MEMBER DECEASED)

XXXXXXXXXX 	HEARING REQUESTED: NO	
(APPLICANT) 

APPLICANT’S REQUEST

Her father’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to reflect the grade of major (O-4).

APPLICANT’S CONTENTIONS

The applicant is preparing to bury her father at Arlington National Cemetery and requested to have his tombstone reflect the rank of Major (O-4).  Her father’s military retirement identification card reflects his rank as Major (O-4); however, his DD Form 214 reflect his rank as Captain (O-3).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve captain (O-3).

On 13 Dec 67, Special Order X-XXXX was published and promoted the applicant to the grade of Major (O-4) effective 11 Sep 67.  However, it states that the “officer will continue to serve in his temporary appointment and will not perform duties in the Reserve of the AF grade to which promoted, nor entitled to pay and allowances in the Reserve of the AF grade, unless ordered to active duty in such grade by competent authority.”  

On 31 Jul 71, according to Special Order XX-XXX, dated 8 Jan 71, the applicant was separated with twenty years, and twenty-five days of active service in the grade Major (O-4) with the highest grade held on active duty in the grade of Captain (O-3).

On 31 Jul 71, according to the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, he retired from the Air Force Reserve as a Captain (O-3) with twenty (20) years and twenty-five (25) days of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

Air Force Manual (AFM) 35-5, table 2, Item 5a, at the time of the deceased members retirement notes the DD Form 214 should reflect the active duty grade held upon separation. 

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  The applicant, on behalf of her deceased father, is requesting to have his rank in block 5a of the DD Form 214 changed from Captain (O-3) to Major (O-4) so that his tombstone at Arlington National Cemetery can read the rank of Major (O-4).  On 8 Jan 71, retirement orders were created that reflect the deceased member retired in the rank of Major (O-4); however, his highest grade held while on active duty reflects Captain (O-3).  According to AFM 35-5, dated 4 Feb 1971, table 2, the grade in block 5a represents the “Active Duty grade held upon separation.”  Based on the documentation provided by the applicant and analysis of the facts, there no evidence of an error or injustice because the applicant’s highest grade held while on active duty was Captain (O-3).

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 25 May 22 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the service member is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Given that the service member did not hold the grade of Major (O-4) when he was discharged from active duty, the Board finds no evidence to support the request to amend his DD Form 214.  However, the applicant can still request that her father’s headstone reflect the rank of Major (O-4) as that was his highest grade attained.  Special Order X-XXXX promoting him to the rank of Major (O-4) in the Air Force Reserve and Special Order XX-XXX showing that he retired in that grade can be used as evidence to support said request.  Therefore, the Board recommends against correcting the record.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-03879 in Executive Session on 30 Aug 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, w/atchs, dated 19 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 May 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.