ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 September 2019

	DOCKET NUMBER:  AR20170011562


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 September 1959 to show his current rank/grade of Captain (CPT)/O-3 and add overseas ribbon for serving in France from 1956 to 1959

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* A copy of his promotion certificate
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 he was promoted to the rank of Captain (03) on 7 June 1960.  His promotion was not recorded as per DD Form 214 received on 1 May 2017.  He served overseas in France during 1956 to 1959, as part of NATO Headquarters and he was advised the theater ribbon was awarded for that service.  

3.  The applicant provides:

	a. DD Form 214 for the period ending 2 September 1959.

	b.  A Copy of a promotion certificate, promoting the applicant to captain effective 7 June 1969.

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

	a.  He was appointed as a Reserve Commissioned Officer of the Army in the rank of First Lieutenant on 7 September 1956. 

	b.  Special Orders 179, issued by the Secretary of the Army, dated 7 September 1956 ordered the applicant to active duty to attend the Infantry Basic Course for Judge Advocate General (JAG) Officers and The Judge Advocate General (TJAG) School.

	c.  Special Orders 63, issued by the Department of the Army, Washington DC, dated 1 April 1957 assigned the applicant overseas to France, with a report date of 14 August 1957. 

	d.  DA Form 66 (Officer Qualification Record) shows the applicant arrived back to the United States from France 8 August 1959.

	e.  DD Form 214, for the period ending 2 September 1959 released the applicant from active duty, due to early return from overseas.  Item 3a (Grade, Rate or Rank) of his DD Form 214 show the entries "1st Lt" and "O-2" respectively.  Item 26 (Decorations, Medals, Badges, Commendations, Citation’s and Campaign Ribbons Awarded or Authorized) shows the entry of “None”.

	f.  A memorandum from Headquarters Fifth United States Army, dated 7 September 1960 showing he was promoted to the rank/grade of CPT/O-3, with an effective date of  7 June 1960, after his separation from active duty.

5.  Army Regulation 635-5 (Separation Documents), states to enter the active duty grade of rank and pay grade at the time of separation in item 3a.

6.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found evidence of record shows he was promoted to CPT after the period covered by the DD Form 214.  Therefore, the Board agreed there was no error on his active service separation document is correct.  In addition, the Board agreed he is not authorized the ASR, as the ASR was not approved until 1981, and he was not serving when the award was established.
  

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 (Personnel separations Administrative Separation Procedure and Forms) states the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and. benefits which may accrue to him as the result of such service.  The instruction stated for item 3a 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 32 to clarify the grade status.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011562


3


1