ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 April 2019 DOCKET NUMBER: AR20170019010 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as lieutenant colonel (LTC)/O-5 instead of major (MAJ)/O-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 30 November 1971 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 final DD Form 214 has a typographical error. The form reads pay grade O-4 and should read O-5. His rank at retirement was LTC. 3. A review of the applicant’s service records show the following on: * 3 May 1957 – appointed as a Reserve commissioned officer and executed an oath of office * DA Form 66 (Officer Qualification Record) item 12 (Appointments) shows the following promotions: * 25 May 1964 – promoted in the U.S. Army Reserve (USAR) to the rank/grade of captain/O-3 * 25 August 1966 – promoted to MAJ in the Army of the United States (AUS) * 30 April 1971 – promoted to the rank of MAJ in the USAR as confirmed by memorandum, dated 18 November 1970 * * 3 May 1971 – Special Orders Number 85, issued by Headquarters, Department of the Army, promoted the applicant to the rank of LTC in the AUS effective 11 May 1971 * 28 September 1971 – Letter Orders Number S9-757, issued by the Office of the Adjutant General, Washington, DC retired the applicant from active duty and placed him on the Retired list in temporary grade LTC, permanent Reserve grade of MAJ with LTC effective 1 December 1971 * 30 November 1971 – honorably retired from active duty. DD Form 214 shows in: * item 5a (Grade, Rate or Rank) LTC * item 5b (Pay Grade) shows O-4 * item 6 (Date of Rank) shows 11 May 1971 4. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) in effect at the time states: a. Paragraph 2-1, to be eligible for selection and promotion to LTC as a reserve of the Army, an officer must complete 7 years time in grade as a MAJ and 17 years of service. b. Paragraph 2-12, a Reserve officer upon transfer to the Retired Reserve, will be promoted to the highest permanent or temporary grade satisfactorily held in the AUS. c. Paragraph 4-3 states, upon release from active duty, a Reserve officer will be promoted, effective the day following the date of release, to a Reserve grade that is equal to the highest temporary grade satisfactorily held on active duty. If promoted under this paragraph to the grade of LTC or higher, an officer may not again be promoted for the first time under paragraph 2-7 until he completes 19 years of service as computed under paragraph 2-3b. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the applicant being promoted to MAJ on 25 August 1966, he was not eligible for a permanent promotion to LTC until 25 August 1973. Since he retired in 1971, the Board concluded that the pay grade currently depicted on the DD Form 214 was correct and that no error or injustice was present which warranted a correction. 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. 5/10/2019 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 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) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) in effect at the time states: a. Paragraph 2-1, to be eligible for selection and promotion to LTC as a reserve of the Army, an officer must complete 7 years time in grade as a MAJ and 17 years of service. b. Paragraph 2-12, a Reserve officer upon transfer to the Retired Reserve, will be promoted to the highest permanent or temporary grade satisfactorily held in the AUS. c. Paragraph 4-3 states, upon release from active duty, a Reserve officer will be promoted, effective the day following the date of release, to a Reserve grade that is equal to the highest temporary grade satisfactorily held on active duty. If promoted under this paragraph to the grade of LTC or higher, an officer may not again be promoted for the first time under paragraph 2-7 until he completes 19 years of service as computed under paragraph 2-3b.