IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005791 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 discharge orders from the U.S. Army Reserve to reflect his rank at the time of discharge as captain. 2. The applicant states a clerical error at the time of his discharge resulted in his discharge document listing his rank as first lieutenant when it should have been captain. 3. The applicant provides: * U.S. Army Reserve Components Personnel and Administration Center memorandum, dated 27 May 1980 * U.S. Army Reserve Components Personnel and Administration Center Orders 06-1033098, dated 23 June 1981 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 enlisted in the U.S. Army Reserve Control Group (Reserve Officers' Training Corps) on 27 September 1972. 3. On 26 July 1973, he was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant. 4. His military record contains a DD Form 214 (Report of Separation from Active Duty) indicating he attended the Infantry Officer Basic Course from 7 November 1973 through 1 March 1974. His rank at the time was reflected in item 6a (Grade, Rate or Rank) as second lieutenant. 5. U.S. Army Reserve Components Personnel and Administration Center memorandum, dated 3 June 1976, informed the applicant that he was promoted as a Reserve commissioned officer of the Army to the rank of first lieutenant effective 25 July 1976. 6. U.S. Army Reserve Components Personnel and Administration Center Orders 10-244113 dated 27 October 1977, ordered him to perform inactive duty training without pay not to exceed 1 day unless deemed necessary for the purpose of undergoing his quadrennial medical examination in accordance with Army Regulation 40-501 (Standards of Medical Fitness). A Standard Form 88 (Report of Medical Examination), dated 5 January 1978, found him not qualified for retention based on his weight. 7. U.S. Army Reserve Components Personnel and Administration Center Orders 03-109341, dated 5 March 1980, reassigned him at his request from the U.S. Army Reserve Control Group (Mobilization Designation) to the U.S. Army Control Group (Reinforcement) effective 27 February 1980. 8. U.S. Army Reserve Components Personnel and Administration Center memorandum, dated 27 May 1980, informed the applicant that he was promoted as a Reserve commissioned officer of the Army to the rank of captain effective 24 July 1980. His military record does not contain any additional documentation referring to his rank as a captain. 9. U.S. Army Reserve Components Personnel and Administration Center Orders 06-1033098, dated 23 June 1981, honorably discharged him from the U.S. Army Ready Reserve effective 25 July 1981. The orders list his rank as first lieutenant. His military record is void of further documentation pertaining to the circumstances surrounding his discharge. The reason for his discharge is not enumerated on the orders. 10. Army Regulation 135-175 (Army National Guard and Army Reserve – Separation of Officers) prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army. It states orders announcing discharge will be issued as shown in Army Regulation 600-8-105 (Military Orders). 11. Army Regulation 600-8-105, prescribes policies and mandates tasks governing military orders. It describes formats for preparing most orders at all echelons of Active Army and Reserve component organizations. It states the standard name line for a Soldier consists of the name, social security number, current grade or rank, unit of assignment and station of assignment. When orders are to be mailed, the address is also included. Table 2-1 is a numerical list of orders formats and the index for an alphabetical list of formats, which dictates that format 500 will be used for enlisted or officer transfers and discharges. 12. Army Regulation 135-155 (Army National Guard and Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures to consider, select, and promote commissioned officers of the Army National Guard of the United States and the U.S. Army Reserve. a. A member is qualified for promotion if he is in an active status, participating satisfactorily and there are no grounds for removal from the service (demonstrated substandard performance, unfitness, unsuitability, or for security reasons. A member who is removed from active status before his or her promotion is final will be removed from the promotion list. Removal will not be considered a nonselection. If returned to an active status, his or her name will not be placed on a promotion list unless he or she is again recommended by a selection or Federal recognition board. He or she will not be considered for a Reserve of the Army promotion until at least 1 year after the date of his or her return to an active status. b. A member who has been recommended for promotion to the next higher grade must meet the requirements listed below before he or she can be promoted. The individual must be in an active Reserve status, complete the service requirements listed in table 2-1 (Service Requirements), be medically qualified, and have undergone a favorable security screening. c. Table 2-1 lists the following service requirements in the lower grade for promotion to the next higher grade: * from second lieutenant to first lieutenant – 3 years for unit board, 3 years for mandatory board, no minimum years of commissioned service * from first lieutenant to captain – 2 years for unit board, 4 years for mandatory board, 6 years of commissioned service d. Each member of the Ready Reserve is required to undergo a medical examination in accordance with Army Regulation 40-501 at least once every 4 years. If a member selected for promotion has not been examined within the past 12 months, he or she will be required to certify that there has been no change in his or her medical fitness since his or her last complete medical examination. e. A commissioned officer of the Army National Guard or the U.S. Army Reserve who has been selected for promotion to the next higher grade may decline the promotion for a period that will not exceed 1 year, unless an exception is authorized. 13. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his discharge orders to reflect his rank at the time of discharge from the U.S. Army Reserve as captain was carefully considered. 2. The evidence of record shows he underwent a medical examination on 5 January 1978 which found him not qualified for retention based on his weight. Although he was subsequently informed of his selection for promotion to captain effective 27 May 1980, there is no evidence of record he was ever medically reexamined as required and found to be within the Army's height and weight standards to meet promotion eligibility. 3. The exact circumstances leading to his discharge are not in his available records; it appears that his discharge was predicated upon his failure to meet retention standards for weight. His discharge orders were properly prepared using the orders format mandated by regulatory guidance wherein the Soldier's current rank is a required field in the standard name line. His orders show his current rank as first lieutenant. 4. In the absence of corroborating evidence showing the applicant was found fully qualified to accept the promotion to captain, did not decline the promotion, and was indeed promoted to captain, the presumption of administrative regularity is appropriate. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x____ DENY APPLICATION 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. ABCMR Record of Proceedings (cont) AR20150005791 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005791 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1