ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20180001866 APPLICANT REQUESTS: to correct his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank as Colonel (COL). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 67-7 (U.S. Army Officer Evaluation Report) * Letter of Appreciation * Letter from Retired Pay Operations, U.S. Army Finance and Accounting Center * Orders P-12-004544, dated 6 December 1983 * Certificate of Retirement * Picture and Chronology * Email from National Personnel Record Center 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 the only DD Form 214 he has on hand states his rank is first lieutenant (1LT). All of the documents provided by the applicant show his rank as COL. He has requested assistance through the National Archive and Records Administration, but has been instructed to the Army Board for Corrections of Military Records (ABCMR). In preparation of his death, the Dallas Fort Worth Cemetery needs a copy of the corrected DD Form 214 with his present rank of COL. 3. The applicant provides various documents (official and unofficial) which state his rank as COL. 4. A review of the applicant’s service record shows: a. On 17 January 1942, he enlisted in the U.S. Army Air Corps. On 5 October 1945, he was separated for the convenience of the Government. b. According to the applicant, he was recalled to active duty in the U.S. Army from 7 October 1950 to 10 March 1954. The facts and circumstances surrounding this period of active duty is unavailable for the Board to review. c. On 31 October 1952, he was appointed as commissioned officer in the U.S. Army Reserve (USAR). d. On 17 February 1954, he was discharged from active duty and transferred to the USAR. DD Form 214 shows he was a 1LT. e. DA Form 66 (Officer Qualification Record), shows his dates of promotion from second lieutenant to lieutenant colonel. e. AGUZ Form 249 (Chronological Statement of Retirement Points), dated 4 June 1983, issued as his terminal statement, shows he was a COL at the time of issue. It also shows he spent from 29 July 1950 to 1 September 1982 as a commissioned officer in the USAR. The last period of active duty during that time was served between the period of 29 July 1953 and 28 July 1954. f. On 25 December 1983, he retired as a COL and was placed on the retired list. 5. By regulation, DD Form 214 (Certificate of Release or Discharge from Active Duty) will be prepared for all personnel at the time of their retirement, discharge, or release from Active Army. Personnel included are members of the Army National Guard and the U.S. Army Reserve separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. 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 which shows he was promoted to the rank of COL in the USAR, 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. He was a 1LT when the separation document was created. 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 635-5 (Personnel Separation – Separation Documents), in effect at the time, states DD Form 214 (Certificate of Release or Discharge from Active Duty) will be prepared for all personnel at the time of their retirement, discharge, or release from Active Army. Personnel included are members of the Army National Guard and the U.S. Army Reserve separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001866 3 1