ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 11 June 2109 DOCKET NUMBER: AR20180003025 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release of Discharge from Active Duty) to reflect his rank as Captain/O3. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored note * discharge from the US Army Reserves (USAR) 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: * at the time of his discharge he had been promoted to the rank of CPT * he provided his discharge order for the Board to consider * his last DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his rank as First Lieutenant (1LT) * he would like his DD Form 214 corrected to reflect his rank at discharge 3. The applicant's service records contain his DD Form 214, which covers the period of 30 March 1957 through 29 March 1959. His rank is listed as 1LT on his DD Form 214. 4. The applicant’s records contain a letter from Headquarters, Second United States Army, dated 15 May 1963. This letter is a promotion to captain as a Reserve Commissioned Officer. The effective date of the promotion is 28 March 1963. 5. The applicant provides his discharge as a reserve commissioned officer dated 8 February 1968. His rank is listed as Captain and his discharge is effective 31 January 1968. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states: * in blocks 4a-c, enter the active duty grade, rank and pay grade held at the time of separation * in blocks 12i, from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the applicant’s statement, the date of his discharge from active duty (March 1959) and the effective date of his promotion, as a Reserve Officer to Captain (March 1963). The Board determined that his promotion to Captain took place after the period of active duty reflected on his DD Form 214 and that his rank at separation, 1LT, is correctly annotated on that document. 2. After reviewing the application and all supporting documents, the Board found the relief was not warranted. 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. 2 July 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states: * in blocks 4a-c, enter the active duty grade, rank and pay grade held at the time of separation * in blocks 12i, from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade