ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20190011303 APPLICANT REQUESTS: * correction of DD Form 214 (Report of Separation from the Armed Forces of the United States) to reflect Captain (CPT/O3) rather than First Lieutenant (1LT/O2) * correction of the Certificate of Military Service to reflect CPT rather than 1LT APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Military Service * Promotion to CPT letter * Amended Promotion Letter * Corrected Promotion to CPT letter * Affidavit of Determination of Incapacitation * General Durable Power of Attorney 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 (ABCMR) 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, the daughter and trustee of the former service member (FSM) states that the FSM’s DD Form 214 and Certificate of Military Service should reflect CPT. The FSM is currently on hospice care and the applicant will need proof of the FSM’s correct rank upon his passing. 3. The applicant provides a: * DD Form 214 dated 1 February 1955 – reflective of the FSM being released from active duty as a 1LT * Certificate of Military Service created on 23 October 2000 – reflective of the FSM’s active service in the military from 22 May 1953 through 1 February 1955 * Promotion to CPT letter dated 18 July 1955 – reflective of the applicants promotion from 1LT to CPT within the Army Reserve effective 1 July 1955 * Amended Promotion Letter dated 9 August 1956 – reflective of an adjustment to the FSM’s original appointment date resulting in constructive credit being changed from the original appointment to an earlier date of 10 June 1954 * Corrected Promotion to CPT letter dated 18 July 1955 – reflective of the applicants adjusted promotion service date from 1LT to CPT within the Army Reserve to 10 June 1954 * Affidavit of Determination of Incapacitation dated 11 December 2013 – reflective of the applicant being deemed the trustee for the FSM due to his incapacitation * General Durable Power of Attorney – reflective of the FSM granting the applicant authority to act on his behalf 4. A review of the applicant’s available service records indicates the following on: * 9 April 1953 (Order# 75) – the FSM was commissioned as a Reserve Officer and appointed at the rank of 1LT effective 20 April 1953 * 7 May 1953 (Order# 5-12) the FSM was ordered to active duty effective 22 May 1953 at the rank of 1LT * 28 January 1955 (Order# 20) the FSM was released from active duty effective 1 February 1955 at the rank of 1LT and transferred into the Army Reserve * 18 July 1955 – he was promoted from 1LT to CPT with an effective date of rank being 1 July 1955 * 18 May 1961 – the FSM resigned his commission at the rank of CPT in the Army Reserve 5. Army Regulation (AR) 635-5 (Personnel Separation Documents) states that the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. The rank listed on the DD Form 214 will be reflective of the grade or rank and pay grade that the officer held at the time of separation. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, and evidence in the records. The Board considered the applicant’s statement, the Soldier’s records, promotions and period of active duty, separation documents and the date of the orders promoting the Soldier to Captain. The Board found evidence of the Soldier’s release from active duty on 1 February 1955 and his promotion to Captain on 1 July 1955 as a member of the USAR. The Board found that the computation date of his rank (CPR) for future promotion consideration was 10 June 1954, however, it did not change the effective date of his promotion to CPT. Due to the Soldier’s promotion occurring after his release from active duty, his rank of 1LT is correctly reflected on his DD Form 214. Based on a preponderance of evidence, the Board determined that the rank on the Soldier’s DD Form 214 was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that 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): None 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 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 Separation Documents) states that the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. The rank listed on the DD Form 214 will be reflective of the grade or rank and pay grade that the officer held at the time of separation. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190011303 4 1