IN THE CASE OF: BOARD DATE: 6 October 2015 DOCKET NUMBER: AR20150002673 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 his records be corrected to show his promotion to captain (CPT). 2. The applicant states a recent review of his Official Military Personnel File (OMPF) failed to show the 9 June 1976 orders that corrected his discharge rank to CPT. 3. The applicant provides his 3 June 1975 promotion orders and 9 June 1976 orders correcting his discharge rank. 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 served as a U.S. Army Reserve (USAR) commissioned officer on active duty from 23 May 1970 through 12 June 1972. 3. Upon completion of his period of obligated active duty he was released from active duty and reassigned to the USAR Control Group (Annual Training). His DD Form 214 (Report of Transfer or Discharge) shows his rank as first lieutenant (1LT). 4. Promotion orders, dated 1 July 1975, show that the applicant was promoted to captain in the USAR effective 3 June 1975. 5. Reserve Components Personnel and Administration Center (RCPAC) Letter Orders Number 07-120576, dated 2 July 1975, discharged him effective 10 July 1975 due to resignation. His rank was shown as 1LT. 6. RCPAC Letter Orders Number 06-87287, dated 9 June 1976, corrected RCPAC Letter Orders Number 07-120576 to show the applicant's discharge rank as CPT. His OMPF does not include a copy of this correction. DISCUSSION AND CONCLUSIONS: 1. The applicant was promoted to CPT effective 3 June 1975. He was discharged from the USAR on 10 July 1975 with his separation orders showing a rank of 1LT. 2. His rank on his discharge orders was corrected approximately a year later. However, RCPAC failed to properly associate the orders correcting his rank with his OMPF. 3. The correction of the applicant's discharge rank should have resulted in the generation of a new Honorable Discharge Certificate showing his correct rank. It does not appear that this occurred. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. including a copy of the RCPAC Letter Orders Number 06-87287 in the applicant's OMPF and b. issuing the applicant a new Honorable Discharge Certificate showing he was discharged from the USAR on 10 July 1975 as a CPT. ___________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) AR20150002673 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002673 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1