ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 January 2019 DOCKET NUMBER: AR20170010707 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her rank as First Lieutenant (1LT) and her grade as O2. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * AHRC-PRO Orders B-08-305178 (Promotion Orders), 20 August 2013 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 states she is unsure of her actual discharge date but her [DD Form] 214 states she is Second Lieutenant (2LT). She was promoted on 6 August 2013 to 1LT. 3. The applicant was in the Army Reserve and attended active duty training (ADT). Orders 088-111 published by Headquarters, United States Army North (Fifth Army), Joint Base San Antonio released her from ADT 2 April 2013 and returned her to her Army Reserve unit. Her rank on the order is listed as 2LT. 4. Her service records contain a DD Form 214 with a date of separation of 2 April 2013. She was separated due to release from ADT and completion of her required active service. Her rank is listed on her DD Form 214 as 2LT. 5. Army Regulation 635-5 (Separation Documents) states in item 4a enter the active duty rank held at the time of separation. The applicant was separated and issued a DD Form 214 upon completion of ADT. 6. The applicant provides a promotion order from U.S. Army Human Resources Command showing her promotion in the United States Army Reserve to the grade of rank of 1LT effective 6 August 2013. 7. Orders 15-153-00015 published by Headquarters, United States Army Reserve Command show she was discharged from the United States Army Reserve on 3 July 2015. Her rank on the order is listed as 1LT. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that relief was not warranted. Upon reviewing the military service record of the applicant, the Board found that the officer was promoted to 1LT after her DD Form 214 was issued; therefore, her 2LT rank as displayed on her DD214 is correct. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant X X X Deny 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. REFERENCES: 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. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states in item 4a enter the active duty rank held at the time of separation. ABCMR Record of Proceedings (cont) AR20170010707 2