RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           03 AUGUST 2004
      DOCKET NUMBER:  AR2004101141


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Gail Wire                     |     |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.  The applicant requests that his separation document be corrected to
show that he was separated in pay grade E-5 with a date of rank of 1 March
1997 and that he served for 7 years and 9 months in his primary specialty
of 55B10.

2.  The applicant states the errors were made on his separation document
and that an attempt to have the errors corrected after he reported to his
National Guard unit were not successful.

3.  The applicant provides a copy of the order promoting him to pay grade E-
5.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
19 July 1998.  The application submitted in this case is dated 10 November
2003.

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 limitation 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.  Records available to the Board indicate that the applicant entered
active duty on 19 July 1990.  An order issued on 1 October 1990 by the
United States Army Missile Command at Redstone Arsenal, Alabama, awarded
the applicant the primary specialty of 55B10.  The order does not contain
an effective date for award of the specialty, but merely indicates that it
will be awarded upon completion of training.

4.  On 28 January 1998 orders issued by the 3rd Infantry Division at Fort
Benning, Georgia, promoted the applicant to pay grade E-5 retroactive to 1
March 1997 in specialty 55B20.

5.  Although the applicant’s reassignment orders to the Transition Point at
Fort Benning, Georgia, reflected his grade as E-4, his discharge order,
enlistment contract in the Army National Guard, and subsequent Army
National Guard documents, all reflected the applicant’s grade as E-5 with a
date of rank of
1 March 1997.
6.  On 19 July 1998 the applicant was released from active duty.  His
separation document indicates that he was released in pay grade E-4 (items
4a and 4b) with a date of rank of 1 March 1992 (item 12h) and that he
served in his primary specialty (item 11) for 0 yrs (years) and 0 mos
(months).  The applicant was not available to sign the separation document.

7.  On 8 October 1998 the Transition Center at Fort Benning, Georgia, who
issued the applicant’s original separation document, requested that
officials at the United States Army Reserve Personnel Center issue a
Department of Defense Form 215 (correction to separation document) to show
that the applicant was separated in pay grade E-5 (SGT) with a date of rank
of 1 March 1997.  They also asked that his years and months in his
specialty be changed to 7 years and 10 months.

8.  There is no indication the corrections were ever made.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was released from active duty
in pay grade E-5 (SGT) with a date of rank of 1 March 1997.  Items 4a, 4b,
and 12h should be corrected accordingly.

2.  While the exact date that the applicant was awarded his primary
specialty is unknown, the evidence does suggest that it occurred in October
1990.  As such, it would appear that the applicant served for approximately
7 years and 9 months in that specialty, as he contends, rather than the 7
years on 10 months noted on the Fort Benning, Georgia, request for issuance
of a Department of Defense Form 215.  Additionally, as a result of the
applicant’s promotion to pay grade E-5 he was actually holding a primary
specialty of 55B20 at the time of separation and not 55B10.  It would be
appropriate to correct item 11 to show that his primary specialty was 55B20
and that he served in that specialty for 7 years and 9 months vice the 0
years and 0 months currently shown.

BOARD VOTE:

___FE __  ___JM___  ___GW__  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

      a.  by showing that the applicant was separated in pay grade E-5 (SGT)
with a date of rank of 1 March 1997 (items 4a, 4b, and 12h);


      b.  by showing that he was separated with a primary specialty of 55B20
(item 11); and


      c.  by showing that he served in that specialty for 7 years and 9
months vice the 0 years and 0 months currently shown in item 11.




            _____Fred Eichorn_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004101141                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040803                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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