9ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20170014743 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was separated in the rank/grade of captain (CPT)/O-3. He further requests a personal appearance before the Board. 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. Applicant states, had he remained on active duty, he would have been immediately promoted to the rank of captain O-3. Because he remained on reserve duty an additional four years, it is his request to have his final release documents reflect the rank of CPT/O-3. 3. A review of the applicants records show: a. The applicant was inducted into the United States Army Reserves on 9 August 1966. b. Following prior enlisted service, the applicant was appointed as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 on 4 August 1967. c. He was ordered to active duty for annual training on 4 August 1967 and honorably relieved on 6 May 1967. The DD Form 214 he was issued shows in: * Item 5a, the entry "1LT (temp)." * Item 5b, the entry "O-2." * Item 6 (Date of Rank), the entry "4 August 1968." d. A memorandum from The Department of the Army Transfer Station, USAPERSCEN, Fort Lewis Washington, dated 5 May 1969, shows he was promoted to the rank/grade of 1LT/O-2 effective 7 May 1969, after his separation from active duty. e. U.S. Army Reserve Components Personnel and Administration Center Orders 07-1242352, dated 20 July 1972, honorably discharged him from the U.S. Army Ready Reserve effective 9 August 1972. The orders list his rank as first lieutenant. f. The applicant did not provide nor does a review of his records indicate permanent promotion orders to the rank of CPT. 4. By regulation 635-5 (Personnel Separations) in effect at the time prescribe forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. The purpose of the DD Form 214 is to provide an individual with documentary evidence of his military service. Source documents will consist of DA Form 20 and all available records. 5. By regulation, applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that it could reach a fair and equitable decision in the case without a personal appearance by the appplciant. The Board also found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was promoted to CPT after the period 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. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 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. X CHAIRPERSON Signed by: 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 (Personnel Separations) in effect at the time prescribe forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. The purpose of the DD Form 214 is to provide an individual with documentary evidence of his military service. Source documents will consist of DA Form 20 and all available records. 3. Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//