ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  19 November 2019

	DOCKET NUMBER:  AR20170007764


APPLICANT REQUESTS:  his DD Form 214 (Certificate of Release or Discharge) 
be corrected to reflect his rank/grade as Major (MAJ)/O-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
   
   *	DD Form 149 (Application for Correction of Military Record)
   *	promotion memorandum from U.S. Total Army Personnel Command
   *	DD Form 256A (Honorable Discharge Certificate) effective 
   	31 August 1999
   *	DD Form 256A with an effective date of 15 April 1994
   
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 (ABCMR) 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 states he would like his DD Form 214 to be corrected to reflect his 
promotion to MAJ/O-4, because he never received an updated DD Form 214.  He 
was promoted while he was in the Reserve Component (RC) and he was discharged 
from the RC.

3.  The applicant provides:

	a.  The memorandum from the U.S. Army Total Personnel Command that 
promoted him to MAJ/O-4 effective on 5 April 1996 with the Date of Rank (DOR) of 
31 May 1994.

	b.  DD Form 256A, dated 31 August 1999 that shows he was discharged from 
the United States Reserve (USAR) honorably with the rank of MAJ/O-4.

	c.  DD Form 256A, dated 15 April 1994 shows he was honorably discharged from 
active duty in the rank of captain (CPT)/O-3.

4.  A review of the applicant’s service record shows:

	a.  With prior service, he enlisted in the USAR on 2 September 1981 as a cadet 
in the USAR Control Group (Reserve Officer Training Corps (ROTC)).

	b.  He was discharged on 25 May 1983 for the purpose of accepting a 
commission in the United States Armed Forces.

	c.  He was appointed as a second lieutenant (2LT)/O-1 in the Regular Army (RA) 
on 26 May 1983.

	d.  The facts and circumstances surrounding his promotion to first lieutenant 
(1LT)/O-2 are not available for the Board to review.

	e.  He was promoted to CPT/O-3 effective 1 June 1987.

	f.  He was released from active duty on 15 April 1994 with an honorable 
characterization of service under provision of Army Regulation (AR) 635-120 (Officer 
Resignations and Discharges), chapter 3 (Early Release Program – Special 
Separation Benefit).  His DD Form 214 shows that he completed 10 years, 
10 months and 20 days of active service.

	g.  He was appointed as a CPT/O-3 as a reserve commissioned officer on 
16 April 1994.

	h.  He was promoted to MAJ/O-4 effective 5 April 1996 with a DOR of 
31 May 1994.

	i.  He was discharged from the USAR on 31 August 1999 with an honorable 
characterization of service under the provision of AR 135-175 (Separations of 
Officers.

5.  By regulation 635-5-1 (Separation Documents), prescribes the separation 
documents which are prepared for individuals upon retirement, discharge, or release 
from active military service or control of the Army.  It establishes standardized policy 
for preparing and distributing DD Form 214 (Certificate of Release or Discharge).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
that relief was not warranted.  Based upon the DD Form 214 only reflecting 
information after a period of active military service, the applicant’s last active military 
service ending on 15 April 1994, and the applicant being promoted to the rank of 
Major with a date of rank of 31 May 1994, the Board concluded that the applicant’s 
rank reflected on his DD Form 214 was correct at the time of publication.

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 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) 635-5-1 (Separation Documents), in effect at the time, 
prescribes the separation documents which are prepared for individuals upon 
retirement, discharge, or release from active military service or control of the Army.  
It establishes standardized policy for preparing and distributing DD Form 214 
(Certificate of Release or Discharge).  Paragraph 2-8 (DD Form 214 Instructions), 
item 4 (a and b) (Grade, Rate or Rank and Pay Grade), enter active duty grade or 
rank and pay grade at time of separation.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170007764

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