ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 September 2019 DOCKET NUMBER: AR20170012798 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * item 4a (Grade, Rate, or Rank) from major (MAJ) to lieutenant colonel (LTC) * item 12b (Separation Date This Period) change from 12 July 2000 to 14 January 2008 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Orders D-01-801979 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 stated he request his prior DD form 214 worksheet be amended to reflect achieved rank/pay grade of LTC with discharge date of 14 January 2008 as per orders number D-01-801979 releasing him from the Inactive/Standby Reserve. This achieved officer pay grade and additional service time was not reflected on prior DD Form 214 worksheet provided to him at the time of separation from active duty service on 12 July 2000 with listed pay grade of MAJ. 3. The applicant provides: * DD Form 214 period ending 12 July 2000 * Orders D-01-801979 reflecting his LTC with honorable charge 4. A review of the applicant’s service records shows: a. He executed an oath of office on 21 May 1990 at Wake Forest University, Winston-Salem, NC and was appointed as a second lieutenant Reserve commissioned officer of the Army. b. On 5 May 1998, U. S. Total Army Personnel Command, St. Louis, MO, issued the applicant Orders A-05-0003622, ordering him to active duty for a 4-year obligation, assigned to Brooke Army Medical Center, Fort Sam Houston, TX reporting on 15 July 1998 c. He was honorably discharged from active duty on 12 July 2000. He completed 2 years of net active service this period. His DD Form 214 shows in: * Block 4a (Grade, Rate, or Rank), MAJ * Block 4b (Pay Grade), 04 * Block 12c (Net Active Service This Period) 2 years 0 months 0 days d. He was promoted the LTC on 18 July 2006 in the United States Army Reserve. e. On 14 January 2008, he was discharged from the United States Army Reserve and placed on the standby reserve (inactive list). 4. On 9 September 2019, the U. S. Army Human Resources Command (HRC), after review of his request and supporting documents, the requested correction cannot be processed. The rank listed on his DD Form 214 is correct as issued. He was promoted to LTC on 18 July 2006 in the United States Army Reserve which is after his discharge date of his DD Form 214. 5. By regulation (AR 635-5), the DD Form 214 is a summary of a soldier’s most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a soldier’s service. * Block 4a (Grade, Rate or Rank) Enter active duty grade or rank and pay grade at time of separation from ERB/ORB * Block 12b (b) (Separation Date This Period) The soldier’s transition date. This date may not be the contractual date if soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was promoted to LTC and separated from the USAR after the ending date covered by the DD Form 214. The Board agreed records must reflect the conditions and circumstances that existed at the time the records were created; there was no error or injustice 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. By regulation (AR 635-8), 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 REFRAD, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Except as provided in paragraph 5–2, a DD Form 214 will be prepared for Soldiers in the following categories: a. RA Soldiers on termination of active duty because of administrative separation (including separation because of retirement or ETS), physical disability separation, or punitive discharge resulting from a court-martial. b. RC Soldiers completing 90 days or more days of continuous active duty. For example, such periods may consist of ADOS, contingency operations-ADOS, active duty operational support-RC, AGR, or full-time National Guard duty for operational support. c. Block 4 (Grade, Rate, or Rank) verify that active duty grade or rank and pay grade are accurate at time of separation. d. Block 12b: (Separation Date This Period) List the Soldier’s transition date. This date may not be the contractual date if the Soldier was separated early, voluntarily extends, is extended to make up lost time, or is retained on active duty for the convenience of the Government. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012798 3 1