RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 MAY 2005
      DOCKET NUMBER:  AR20040005485


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Diane Armstrong               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests that his record be corrected to show
his pay grade as E-5 when he was released from active duty.

2.  The applicant states that his grade of E-4 while on active duty does
not equate with his grade of E-5 while in the Army Reserve.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1984.  The application submitted in this case
is dated 2 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army Reserve Delayed Entry Program (DEP)
for 6 years on 16 October 1981.  He was discharged from that program upon
his enlistment in the Regular Army for 3 years on 1 December 1981.  The
applicant served his 3 years on active duty and was released from active
duty in the rank and pay grade of SP4 (Specialist Four) E-4, on 30 November
1984 and transferred to the Army Reserve Control Group (Reinforcement) at
St. Louis to complete his remaining statutory military service obligation.

4.  Orders published by the Army Reserve Personnel Center at St. Louis show
that the applicant, then assigned to the Army Reserve Control Group
(Individual Mobilization Augmentee) was promoted to Sergeant, pay grade E-
5, on 15 July 1986.

5.  Orders published by the Army Reserve Personnel Center at St. Louis show
that the applicant was reassigned from the Army Reserve Control Group
(Mobilization Designation) to the 498th Transportation Company, a troop
program unit, effective on 18 July 1986.
6.  On 12 August 1987 the applicant was assigned to the Army Reserve
Control Group (Reinforcement) because of his unsatisfactory participation
with the     498th Transportation Company.  On 27 November 1987 he was
discharged from the Ready Reserve.

7.  On 1 December 1987 the applicant enlisted in the Army Reserve for 6
years in pay grade E-5.  The applicant was discharged from the Army Reserve
with the rank of Sergeant on 30 November 1993.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any to show
that he was promoted to the pay grade of E-5 while on active duty.  To the
contrary, the evidence shows that he was not promoted to that pay grade
until 15 July 1986 when he was assigned to the Army Reserve.  His rank and
pay grade on his      30 November 1984 DD Form 214 (Certificate of Release
or Discharge from Active Duty) is correct.  Thus, his request to correct
his record to show his grade as E-5 upon his release from active duty is
not granted.

2.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   29 November 1987.  However, the applicant did not
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SP ___  ___PM __  ___DA __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ____ Shirley L. Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005485                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050503                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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