IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150010756 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: 10 May 2016 DOCKET NUMBER: AR20150010756 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: 10 May 2016 DOCKET NUMBER: AR20150010756 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1995 to reflect his U.S. Army Reserve (USAR) rank/grade of captain (CPT)/O-3. 2. The applicant states the item was left blank on his DD Form 214. 3. The applicant provides a copy of his USAR promotion letter to CPT, dated 11 June 1991. 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 Regular Army on 16 September 1974. 3. The applicant was appointed as a second lieutenant in the USAR and was assigned to the USAR Control Group (Dual Component) on 28 June 1984. 4. The applicant served in the Regular Army through various reenlistments and extensions and attained the rank/grade of sergeant first class (SFC)/E-7 on 25 May 1985. 5. The applicant was promoted to CPT in the USAR (Dual Component) on 26 June 1991. 6. The applicant was retired from the Regular Army on 31 March 1995, in the rank/grade of SFC/E-7, after completing over 20 years of enlisted active service. 7. There is no evidence in the applicant's available records indicating he served on active duty in the rank/grade of CPT/O-3 during the period covered by his DD Form 214. REFERENCES: 1. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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 service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation provided that a DD Form 214 would be prepared for, among other categories, Soldiers completing 90 days or more of continuous active duty for training, full-time training duty or active duty support, enlisted members who became commissioned or warrant officers and have their enlisted status terminated, and to active duty officers who become enlisted members. 2. Army Regulation 600-39 (Dual Component Personnel Management Program) set policy and responsibility governing the Dual Component Personnel Management Program in effect at the time. It identified dual component personnel as Regular Army or Army of the United States enlisted or warrant officer members serving in that capacity on active duty who have been appointed and who simultaneously hold status as a Reserve commissioned or warrant officer. The dual service component concept was to swiftly satisfy mobilization requirements through procurement of trained commissioned and warrant officers. Members on active duty afforded the Department of the Army ready assets during times of rapid expansion of the active component of the Army. DISCUSSION: 1. The applicant requests correction of his DD Form 214 for the period ending 31 March 1995 to show his USAR rank/grade of CPT/O3. 2. There is no evidence in the applicant's available records that indicates he performed a period of active duty service in the rank/grade of CPT/O-3 during the period covered by his DD Form 214 (12 June 1978 to 31 March 1995). Additionally, even if he did perform a period of active service as a commissioned officer that authorized the issuance of a DD Form 214, he would have been issued a separate DD Form 214 for his active duty as a commissioned officer, based on the fact that past and current regulations prohibit combining enlisted and commissioned service on a single DD Form 214. 3. Based on the foregoing there is no basis to amend his DD Form 214 to reflect service as a commissioned officer or to show his rank as CPT. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010756 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010756 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2