AR20130018929

IN THE CASE OF:

BOARD DATE: 10 July 2014

DOCKET NUMBER: AR20130018929

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* his rank as brigadier general (BG)/O-7
* award of the Legion of Merit
* completion of the U.S. Army Command and General Staff College (CGSC)
* completion of the Industrial Staff College of the Armed Forces

2. He states his promotion to BG and award of the Legion of Merit were received after his release from active duty. Completion of the education courses were left off his DD Form 214.

3. The applicant provides copies of his:

* Certificate showing completion of the National Security Management Correspondence Course
* DD Form 214 ending 30 November 1983
* National Guard Bureau (NGB) letter showing he was promoted to BG
* NGB Form 22 (Report of Separation and Record of Service) effective
5 May 1986
* Legion of Merit award orders and certificate, dated 3 June 1988

CONSIDERATION OF EVIDENCE:

1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3years 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. Following enlisted service the applicant served as a logistics officer in the Maine Army National Guard (MEARNG). He last served on active duty from
15 October 1979 to 30 November 1983.

3. He was released from active duty (REFRAD) as a colonel (COL)/O-6 effective 30 November 1983. His DD Form 214 does not show he was awarded the Legion of Merit or that he had completed the CGSC or the Industrial College of the Armed Forces.

4. He provided a:

a. Certificate showing he completed the National Security Management Correspondence Course conducted by the Industrial College of the Armed Forces on 9 September 1969.

b. an NGB letter showing his was promoted to BG in the Army National Guard effective 1 April 1984.

c. Orders and a certificate, dated 3 June 1988, showing he was awarded the Legion of Merit for the period December 1983 to May 1986.

5. His DA Form 2-1 shows he completed CGSC (4 weeks) in 1968.

6. Army Regulation 635-5 (Separation Documents), in effect at the time, states in paragraph 2-1 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.

a. For item 4a and 4b (Rank and Pay Grade) enter active duty grade of rank and pay grade at time of separation.

b. For item 14 (Military Education) list in-service training courses; title, number of weeks, year successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1. The available evidence shows he last served on active duty from 15 October 1979 to 30 November 1983. He was promoted to BG effective 1 April 1984, and he was awarded the Legion of Merit for the period December 1983 to May 1986 on 3 June 1988.

2. The available evidence shows he completed the CGSC in 1969 and the National Security Management Correspondence Course conducted by the Industrial College of the Armed Forces on 9 September 1969.

3. His DD Form 214 should not be corrected to show his promotion to BG or the award of the Legion of Merit as all these actions occurred after he last served on active duty.

4. His DD Form 214 should not be corrected to show completion of the CGSC or National Security Management Correspondence Course as both actions occurred prior to the period of active duty service covered by his DD Form 214.

BOARD VOTE:

________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

_____________X___________
CHAIRPERSON

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.

ABCMR Record of Proceedings (cont) AR20130018929

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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