ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 November 2019

	DOCKET NUMBER:  AR20170018496


APPLICANT REQUESTS:  to correct his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to reflect his rank as captain (CPT).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

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 his pinned rank when he left his last duty station was O-2 and 
that is where he had his DD Form 214 printed.  He told the person who was helping him 
out process he would be promoted between the day he left his last duty station (Fort 
Sam Houston, TX) in early May 2005 and his separation date of 1 August 2005.  The 
civilian helping him said he could not update the record until he had orders.  The orders 
would need to be sent to the Office of Personnel Management to update.  

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

	a.  On 13 November 1998, he enlisted in the Regular Army as a specialist/E-4.  The 
complete facts and circumstances surrounding his appointment as a commissioned 
officer are unavailable for the Board to review.  

     b.  A DA Form 1059 (Service School Academic Evaluation Report) shows he 
reported to the Interservice Physician Assistant Course Class 3-04 on 30 August 2004.  
He was released from the course on 30 November 2004 after submitting a letter of 
resignation.  The duration of the course was 30 August 2004 through 19 August 2005.

	c.  On 21 January 2004, Order No:  021-042 were published directing the promotion 
of the applicant to CPT in the Infantry branch, effective 1 February 2004.  

	d.  Order number 039-002, issued by US.. Army Human Resources Command on 
8 February 2005, adjusted the applicant’s date of rank to 1LT to 25 December 2003 with 
his branch reflecting MS.

     e.  According to the applicant, on or about May 2005, he began to out process Fort 
Sam Houston, consistent with completion of his estimated time of service.  Part of that 
out processing required him to complete DD Form 214.  The completion of this form 
precedes his terminal leave start date as well as his actual date of separation.  

	f.  On 9 June 2005, Order No.: 160-076 were published directing promotion of the 
applicant to CPT in the Medical Services (MS) branch, effective 18 May 2005.  The 
complete facts and circumstances surrounding his entry into the MS branch are 
unavailable for the Board to review.

	g.  On 1 August 2005, he was discharged from active duty under the provisions of 
AR 600-8-24 (Officer Transfers and Discharges), paragraph 2-5 (Rules for Processing 
Voluntary Release from Active Duty Due to Personal Reasons), and issued an 
honorable discharge.  His DD Form 214 reflects that the completed 6 years, 6 months, 
and 18 days of active duty.  It also shows that he was awarded or was authorized the:

*	Army Lapel Button
*	Bronze Star Medal
*	Army Commendation Medal (2nd Award)
*	Army Achievement Medal
*	Army Good Conduct Medal
*	National Defense Service medal
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Global War on Terrorism Expeditionary Medal
*	Global War on Terrorism Service Medal
*	Combat Infantryman Badge
*	Expert infantryman Badge
*	Parachutist Badge
*	Air Assault Badge
*	Ranger Tab

4.  By regulation, 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.  
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was warranted.  Based upon the effective date of the applicant’s promotion to CPT 
reflected as 18 May 05, and the ending date of the applicant’s DD Form 214 being 
1 August 2005, the Board concluded that the rank currently reflected on the DD Form 
214 was entered in error which warranted correction.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by amending the applicant’s DD 
Form 214 by:
*	changing Item 4a (Grade, Rate, or Rank) to read, “CPT”
*	changing Item 4b (Pay Grade) to read, “O3”.
												  
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 – Separation Documents), in effect 
at the time, prescribes the separation documents that must be prepared for Soldiers on 
retirement, discharge, release from active duty service, or control of the Active Army.  
DD Form 214 (Certificate of Release or Discharge from Active Duty) provides a brief, 
clear-cut record of active duty service at the time of release from active duty, retirement, 
or discharge.  Paragraph 2-4h(4) (Completing the DD Form 214), states to enter the 
active duty grade or rank and pay grade at time of separation from Enlisted Record 
Brief/Officer Record Brief.  

ABCMR Record of Proceedings (cont)	 AR20170018496

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