ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180010707

APPLICANT REQUESTS: correction to his grade on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from “1LT” to “CPT.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
   * DD Form 256A (Honorable Discharge Certificate) 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, in effect, his DD Form 256A says “CPT” as of 17 June 1976, but his DD Form 214 reflects the rank of “1LT.”

3. The applicant provides a copy of his DD Form 256A, which reflects he was honorably discharged from the United States Army Reserve as a Captain (CPT) on 17 June 1976.

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

   a. The complete facts and circumstances surrounding the applicant’s military service are not available to the Board for review with this case.

   b. However, he entered the Army Reserve as a Signal Corps Officer on 7 October 1972.

   c. Office of the Adjutant General memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army Under Title 10 of the United States Code (AR 135-
   a. 

155, para 2-10), dated 25 February 1972, reflects the applicant was promoted as a Reserve commissioned officer of the Army effective 26 January 1971 (sic).

   d. He was released from active duty and transferred to the United States Army Reserve (USAR) on 6 January 1973. His DD Form 214 shows he was released under the provisions of Department of the Army (DA) Letter Subject: Active Duty (AD) and Active Duty Training (ADT) of Reserve Officers appointed from Reserve Officer Training Corps (ROTC) Fiscal Year (FY) 73, dated 23 November 1971, separation program number (SPN) 644, Voluntary & Involuntary Release From Active Duty (REFRAD) – convenience of government or as specified by Secretary of the Army, and his service was characterized as honorable.  It also shows his rank as first lieutenant (1LT)/O-1.

5. Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered.  Evidence of record shows he was promoted to CPT in the USAR after the period of active duty covered by the applicant's DD Form 214. There is no further evidence that the applicant served sufficient additional time on active duty to warrant another DD Form 214. The Board agreed the applicant's rank on his DD Form 214 is correct as it reflects the circumstances at the time of his release from active duty.

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.
9/23/2019

 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 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 (AR) 635-5, establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel.

   a. Appendix III, paragraph 1a, states that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service.

   b. Section 3, paragraph 21b, Enlisted personnel, specifies that the grade in which serving at the time of separation indicating whether permanent or temporary will be entered in item 5a (grade, rate or rank) on the DD Form 214.

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