IN THE CASE OF: BOARD DATE: 2 June 2016 DOCKET NUMBER: AR20150011253 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: 2 June 2016 DOCKET NUMBER: AR20150011253 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: 2 June 2016 DOCKET NUMBER: AR20150011253 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 separation document to show he was separated in the rank of first lieutenant (1LT) vice second lieutenant (2LT). 2. The applicant states his discharge should have listed his grade as 1LT. 3. The applicant provides: * Armed Forces of the United States Identification Card * Certificate of Service Card * Special Orders Number 230, dated 16 November 1953 * National Archives and Records Administration (NARA) Form 13038 (Certification of Military Service) 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 of the Army, in the rank of 2LT, and executed an oath of office on 4 June 1949. He entered active duty on 3 July 1951. 3. On 19 January 1953, Headquarters, 3rd Armored Division, Fort Knox, KY, issued him a memorandum of promotion in the Organized Reserve Corps (ORC). He was promoted to 1LT on 27 February 1952. 4. He was honorably released from active duty on 2 February 1953 and transferred to the ORC. Item 3 (Grade, Rank, and date of Appointment) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) listed his rank as 1LT and his effective date as 27 February 1952. 5. On 16 November 1953, Headquarters, New York Military District published Special Orders Number 230 transferring him to the 5012nd U.S. Army Reserve (USAR) Control Group (Reinforcement), Chicago, IL. The orders listed his rank as 1LT. 6. On 13 August 1957, Headquarters, U.S. Army Military District, Chicago, IL published Special Orders Number USAR-194 honorably discharging him from the USAR in the rank of 1LT, effective 26 August 1957. 7. He provides identification/service cards listing his rank of 1LT. He also provides a NARA Form 13038, dated 17 April 2009, showing his active duty dates from 3 July 1951 to 2 February 1953 and his rank as 2LT. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) at the time prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. 2. Army Regulation 15-185 (ABCMR) governs the correction of military records. It states the ABCMR corrects military records. DISCUSSION: 1. The applicant entered active duty on 3 July 1951 in the rank of 2LT and he was promoted to 1LT on 2 February 1953. He was honorably separated on 2 February 1953 and transferred to the ORC. His DD Form 214 correctly listed his rank as 1LT and his date of appointment as 27 February 1952. He was provided with a copy of this DD Form 214 by separate correspondence. 2. The NARA Form 13038 is neither a military record nor is it issued by the Department of the Army; its correction is not within the purview of this Board. The applicant is advised to contact NARA, the agency that issued this form, regarding its correction. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011253 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011253 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2