ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 May 2019 DOCKET NUMBER: AR20180016535 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 13 August 1988 to show his current rank/grade 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 * Memorandum for (Applicant), subject: Promotion as a Reserve Commissioned Officer of the Army under Title 10 of the United States Code (AR 135-155), dated 29 August 1995 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 end of active duty service DD Form 214 was issued prior to his promotion to major. He would like it corrected to show his proper rank in order for his grave marker to show major. 3. The applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 3 April 1978 in the Illinois Army National Guard. 4. Orders 75-9, issued by the Military and Naval Department, State of Illinois, dated 15 April 1983 promoted him to captain (CPT)/O-3 effective 8 April 1983. 5. Orders A-07-000940, issued by U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 9 July 1985 ordered the applicant to active duty for his three (3) years active duty commitment effective 14 August 1985. 6. Orders 165-1, issued by Goeppingen Personnel Service Center, 198th Personnel Service Center, APO NY, dated 14 August 1988 relieved the applicant from active duty and assigned him back to the USAR effective 13 August 1988. 7. The applicant was released from active duty and transferred to the USAR on 13 August 1988. Item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 show the entries "CPT" and "O-3" respectively. 8. The applicant provides and his record contains a memorandum from U.S. Total Army Personnel Command, dated 29 August 1995 showing he was promoted to the rank/grade of MAJ/O-4 effective 7 April 1990, after his separation from active duty. 9. Army Regulation 635-5 (Separation Documents), dated 15 August 1979, stated to enter the active duty grade of rank and pay grade at the time of separation in item 4a and item 4b. BOARD DISCUSSION: 1. The Board reviewed the applicant’s requested correction and the evidence in the records. He was relieved from active duty and assigned back to the USAR as a Captain effective 13 August 1988. His records show that he was promoted to the rank/grade of MAJ/O-4 effective 7 April 1990, after his separation from active duty. His DD Form 214 correctly reflected his grade at the time of his separation from active duty. 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. 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), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions stated for item 4a and b, the preparer should enter the separating Soldier's active duty grade or rank and pay grade at time of separation. ABCMR Record of Proceedings (cont) AR20180016535 0 3 1