IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20210014909 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 January 2008 to shows his rank/grade at the time of his discharge as captain/O-3. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * U.S. Army Human Resources Command (HRC) Orders B-04-902825, 21 April 2009 * Headquarters, U.S. Army Reserve (USAR) Command, Orders 13-246-00010, 3 September 2013 * Department of Veterans Affairs Letter, 25 May 2021 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 states the correction should be made for accuracy, historical significance, and by order the National Defense Authorization Act for Fiscal Year 2019, section 518 (Authority to Adjust Effective Date of Promotion in the Event of Undue Delay in Extending Federal Recognition of Promotion). 3. Headquarters, 100th Division (Institutional Training), Orders 05-139-00075, 5 May 2005, ordered him to active duty as a member of his Reserve Component unit in support of Operation Enduring Freedom for a period of 365 days with a reporting date of 1 June 2005. His rank/grade is shown as second lieutenant/O-1. 4. HRC Orders B-07-605018, 11 July 2006, promoted him to the rank/grade of first lieutenant/O-2 effective 25 July 2006. 5. He was honorably released from active duty and transferred to the control of his Reserve Component unit on 14 January 2008. His DD Form 214 shows his rank/grade as first lieutenant/O-2 with an effective date of pay grade of 26 July 2006. 6. His records contain no evidence of conferral of a baccalaureate degree. 7. HRC Orders B-04-902825, 21 April 2009, promoted him to the rank/grade of captain/O-3 effective 24 February 2009. 8. Item 25 (Civilian Education Level) of his Personnel Qualification Record, 18 April 2011, shows he has completed his second year of college. 9. Headquarters, USAR Command, Orders 13-246-00010, 3 September 2013, honorably discharged him from the USAR effective 1 October 2013. His rank/grade is shown as captain/O-3. 10. The Department of Veterans Affairs letter, 25 May 2021, shows a summary of the benefits he is receiving from the Department of Veterans Affairs. His verified periods of service included three periods of honorable service: 5 January 1998 to 31 October 2003, 15 August 2004 to 25 November 2004, and 1 June 2005 to 14 January 2008. 11. The HRC memorandum (ABCMR for (Applicant)), 19 January 2022, states the applicant's DD Form 214 for the period ending 14 January 2008 is correct as issued. His promotion Order B-04-902825 to captain/O-3 is effective 24 February 2009, which is after the ending date of his DD Form 214. 12. On 20 January 2022, the Army Review Boards Agency Case Management Division provided him with a copy of the HRC advisory opinion to allow him the opportunity to submit comments. He did not respond. 13. His DA Form 5016 (Chronological Statement of Retirement Points), 30 March 2022, contains no evidence showing he completed any additional periods of continuous active duty for 90 days or more after his promotion to the rank/grade of captain/O-3. 14. The National Defense Authorization Act for Fiscal Year 2019, section 518, pertains to the Army National Guard and the Air National Guard and is not applicable to officers of the USAR. 15. In accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), the applicant did not have 2 years of time in grade as a first lieutenant prior to his release from active duty on 14 January 2008. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and Human Resources Command (HRC), Army Service Center, advisory opinion, the Board concurred with the advising official finding the applicant’s DD Form 214 for the period ending 14 January 2008 accurately reflects his rank as first lieutenant. The Board agreed the applicant was promoted post service, after his period of active duty Based on this, the Board denied relief. 2. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214, a summary of a specific period of active-duty service. The Board noted that after 1979 the Army no longer issued separate DD Form 214’s unless there was a break in service. 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): REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), 13 July 2004, prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States and of commissioned and warrant officers of the USAR. a. Paragraph 2-2 (Service Computation) states promotion to captain and above requires a minimum number of years of time in grade. Table 2-1 (Time in Grade Requirements Commissioned Officers, Other Than Commissioned Warrant Officers) shows the minimum years in the lower grade of first lieutenant/O-2 for promotion to captain/O-3 is 2 years. b. Paragraph 2-9 (Civilian Education Requirements), states effective 1 October 1995, no person may be selected for promotion to the Reserve grade of captain unless, not later than that day before the selection board convene date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education or, within the 3 years preceding promotion the officer has earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense for purposes of meeting officer educational requirements. 3. National Defense Authorization Act for Fiscal Year 2019, section 518, states if the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a Reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion. 4. Army Regulation 635-5 (Separation Documents), 15 September 2000, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active military service, or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. a. Paragraph 2-1 (Preparing the DD Form 214) stated a 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. A DD Form 214 will be prepared for each Soldier, to include members of the Reserve Components after completing 90 days or more of continuous active duty for training and Reserve Component Soldiers completing initial active duty training that results in the award of a military occupational specialty, even when the active duty period is less than 90 days. b. There are no provisions allowing for addition of service or achievements accomplished subsequent to the period covered by the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014909 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1