ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 August 2019 DOCKET NUMBER: AR20170010938 APPLICANT REQUESTS: his separation document to show he separated from service in the rank of captain (CPT)/O-3. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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 states, in effect, during the time of Operation Desert Storm, he received an order to report to Washington for a board. He states his rank was captain on the orders. He states his DD Form 214 was prepared in 1974. He remained in the U.S. Army Reserve (USAR) as an officer until his resignation in 1990, after being the custodian of non-appropriated funds, he made CPT in the USAR. Lastly, he states he would like to be buried in a national cemetery and want his correct rank to be displayed on his grave marker. 3. A review of the applicant’s service record shows: a. He enlisted in the USAR Control Group (ROTC) on 19 September 1969. He commissioned in the Army of the United States as a second lieutenant on 20 January 1972. b. DA Form 66 (Officer Qualification Record), shows he was promoted to first lieutenant (1LT) as a Reserve Commissioned Officer of the Army on 29 November 1973. c. Special Orders Number 337, dated 3 December 1973, relieved the applicant from active duty on 19 January 1974 and transferred him to USAR Control Group (Annual Training) on 20 January 1974 in the rank of 1LT. d. His DD Form 214 shows he was relieved from active duty under the provisions of AR 635-100, Chapter 3, Section XIV on 19 January 1974 and transferred to the USAR Control Group (Annual Training). It shows the applicant completed 2 years of active service with no lost time and he received an honorable character of service this period. It also shows in: * Item 5a (Grade, Rate, or Rank), shows the rank of 2LT AUS * Item 5b(Pay Grade), shows the grade of O-1 * Item 30 (Remarks), shows, in part for Item 5a, 1LT USAR 20 January 1974 e. A memorandum dated 27 July 1977, from the USAR Components Personnel and Administration Center, notified the applicant that he had been promoted as a Reserve commissioned officer of the Army to the rank of CPT effective 5 August 1977. f. Orders # D-08-005779, dated 28 August 1981, issued by the USAR Components Personnel and Administration Center honorably discharged the applicant from the USAR Ready Reserve, effective 31 August 1981. 4. By regulation, Army Regulation (AR) 635-5 (Separation Documents) states: * Item 5a, enter grade in which serving at the 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, enter pay grade at the time of separation 5. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 6. In reaching its determination, the Board can consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence in the record of the applicant showing he was promoted to Captain while service in the USAR and his last DD Form 214, noting his active duty service, was published in 1974, the Board concluded that there was no error or injustice which would warrant making a change to the applicant’s rank. The Board wanted to inform the applicant that information on a DD Form 214 only reflects information at the end of an active duty tour; therefore, relief is not appropriate in this case. 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 635-5, Section III, provides: * Item 5a, enter grade in which serving at the 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, enter pay grade at the time of separation 3. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 4. Army Regulation AR 635-100, provides, final relief orders and separation forms will cite, in part, officers serving without their consent, who decline further service: Section XIV, Chapter 3 of AR 635-100 and SPN 612. The separation reason for SPN 612 is due to expiration of active duty commitment – involuntary serving on active duty. ABCMR Record of Proceedings (cont) AR20170010938 0 3 1