ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 September 2019 DOCKET NUMBER: AR20180016259 APPLICANT REQUESTS: * The rank of captain (CPT) reflected on his DD Form 214 (Report of Separation from Active Duty). * Addition of an Army Commendation Medal (ARCOM) on his DD Form 214 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 last rank was CPT, and it’s not on his DD Form 214. He also states that his DD Form 214 is missing an ARCOM and has handwriting on it. 3. A review of the applicant’s service record reveals: a. The applicant was appointed as a Regular Army (RA) commissioned officer on 6 June 1974. b. He served in a variety of assignments at Fort Ord, CA and he was promoted to first lieutenant on 5 June 1976. c. He was honorably discharged on 6 June 1978. His DD Form 214 also reflects in * Block 6a (Grade, Rate or Rank), 1LT and in 6b (Pay Grade), O-2 * Block 7 (Date of Rank), 5 June 1976 * Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), National Defense Service Medal * Block 27 (Remarks), Miscellaneous Individual Reasons (Unqualified Resignation) d. On 13 May 1985, he was reassigned to the United States Army Reserve Control Group. e. On 27 June 1988, he was notified that he was considered for promotion to the next higher grade by a recent Reserve Selection Board. Unfortunately, the board did not recommend him for promotion, and it constituted as his first pass over for promotion. In the distribution portion of the memo, it identifies the applicant as: Individual, SSN, CPT. f. On 10 May 1989, he was notified that he was considered for promotion to the next higher grade by a recent Reserve Selection Board. Unfortunately, the board did not recommend him for promotion, and it constituted as his second pass over for promotion. In the distribution portion of the memo, it identifies the applicant as: Individual, SSN (XXX-XX-XXXX), CPT. g. On 23 July 1989 he was honorably discharged from the USAR under the provisions of Army Regulation 135-175 (Separation of Officers). His orders identify him as a CPT. h. His record does not contain any evidence of an ARCOM. 4. By regulation, Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the- Army including active duty training personnel and cadets from the US Military Academy. a. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the documentation provided by the applicant and found within the military service record, the Board concluded that at the time of his separation in 1978, he was a 1LT. The Board found no evidence to show that he was promoted to the rank of CPT prior to his 1978 separation. Additionally, as for the requested ARCOM, based upon that same documentary review, the Board found no supporting documents to show that he was ever awarded an ARCOM prior to his separation. 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. 9/30/2019 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 (Personnel Separations – Separation Documents), prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. a. 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. b. On direction of the ABCMR or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army (Review Boards) (DASA (RB)), Army Review Boards Agency (ARBA), is authorized to issue or reissue DD Forms 214. Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). 3. AR 635–200 (Personnel Separations - Active Duty Enlisted Administrative Separations), sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance.