ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


              

                   BOARD DATE:  22 January 2019  

                   DOCKET NUMBER:  AR20160013267


APPLICANT REQUESTS:  his DD Form 214 (Armed Forces of the United States Report 
of Transfer of Discharge) reflect his promotion to First Lieutenant (1LT).
 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter dated 17 April 1978, Promotion as a Reserve Commissioned Officer of the 
Army under Title 10 of the United State  Code (AR 135-155)

FACTS:

1. The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant received his commission as a Reserve Army Officer in the United 
States Army Reserve on 14 May 1972 as a Second Lieutenant (2LT). 

3.  He received a DD Form 214 showing an honorable character of service for active 
duty service for the period of 27 July 1973 to 31 October 1973. 

4.  On 17 April 1978, the applicant received a letter from the Department of the Army 
promoting him to 1LT as a Reserve Commissioned Officer of the Army, with an effective 
date of 6 June 1975. 

5.  The applicant's records do not show him having been reduced in rank nor having 
received any additional promotions.  Per order, Order 07-70701, he received an 
honorable discharge from the Unites States Army Reserve on 31 July 1980 as a 1LT.

6.  According to Army Regulation 635-5 in effect at the time, instructs what should be 
included on the DD Form 214.  For Item 5a (Grade, Rate or Rank) enter grade in which 
serving at the time of separation as shown in item 2, DD Form 66.  Since this entry may 
be an officer's temporary (AUS) or permanent (RA or Res) grade and does not show the 
date of appointment, additional entries will be made in item 30 to clarify the grade 
status.  Item 5b (Pay Grade) the individuals pay grade is entered.  During the period 
covered by the DD Form 214, the applicant served in the rank of 2LT. 

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, and 
applicable regulations, policy, and guidance.  The applicant’s DD Form 214 reflects his 
active duty service for the period of 27 July 1973 to 31 October 1973. During the period 
covered by the DD Form 214, the applicant served in the rank of 2LT. He was not 
promoted until after he left active duty.  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.  
Therefore the Board denies the applicant’s request.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.		

				  
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.
?
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 635-5 (Separation Documents) prescribe the separation 
documents that will be furnished each individual who is separated from the Army 
including ADT personnel and cadets from the US Military Academy. The purpose of a 
separation document is to provide the individual with documentary evidence of military 
service. The regulation establishes standardized procedures for the preparation and 
distribution of these documents. Except for general for general officers being retired, 
the separation documents will be prepared at the processing transfer station, transfer 
point, unit personnel section, or personnel service division authorized to accomplish 
separation. Item 5a. a. Officer Personnel. Enter grade in which serving at time of 
separation as shown in item 2, DA Form 66. Since this entry may be an officer's 
temporary (AUS) or permanent (RA or Res) grade and does not show the date of 
appointment additional entries will be made in item 30 to clarify the grade status. Item 
5b. a. Officer personnel. Enter pay grade. Item 6 a. Officer Personnel Enter date of rank 
for the grade shown in item 5a. 

ABCMR Record of Proceedings (cont)	 AR20160013267
	
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