RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040000958


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan Powers                  |     |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, in effect, that the rank on his 1 April 1975
discharge order from the United States Army Reserve be corrected to show
that he was discharged in the rank of Sergeant, vice Specialist 4.

2.  The applicant states his 1971 separation document from active duty
indicates that he was separated in the rank of Sergeant, pay grade E-5.
However, he notes his discharge from the United States Army Reserve
incorrectly reflects discharge in the rank of Specialist 4.  He states that
he has attempted to have this error corrected previously but is
consistently sent copies of the same documents, without any correction.

3.  The applicant provides a copy of his 1971 separation document in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 April 1975.  The application submitted in this case was
received in May 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 2 April 1969.  According to an order contained
in his record, he was promoted to pay grade E-4 on 29 January 1970.

4.  In October 1970 the applicant arrived in Vietnam where he remained
until March 1971.  Item 38 (record of assignments) on his Department of
Defense Form 20 (Enlisted Qualification Record) notes that he departed
Vietnam on
21 March 1971, although his separation document shows his service in
Vietnam concluded on 24 March 1971.

5.  The applicant’s separation orders and his separation document indicate
that he was separated in pay grade E-5 (Sergeant) on 26 March 1971.  His
date of rank, as reflected on his separation document, is recorded as 10
March 1971.  The separation orders, and the separation document, were both
prepared at the transition center at Fort Lewis, Washington.

6.  The applicant’s file does not contain a copy of orders promoting the
applicant to pay grade E-5, and item 33 (appointments and reductions), on
his Department of the Army Form 20 reflects his promotion to pay grade E-4,
but not to pay grade E-5.  However, item 2 (grade) contains the pencil
entry “SGT E-5” and item 3 (date of rank) contains the pencil entry “10 Mar
72.”

7.  On 25 March 1975 orders were issued by the United States Army Reserve
Components Personnel and Administration Center in St. Louis.  Those orders
indicate that the applicant was discharged from the Army Reserve on 1 April
1975, at the conclusion of his 6-year statutory service obligation, in pay
grade
E-4 (Specialist 4).

8.  There were no finance records available to the Board.

9.  Army Regulation 600-200, which governed the promotion of enlisted
Soldiers during the period in question, stated that Soldiers with at least
21 months of service and 8 months of service in pay grade E-4 could be
promoted, without waiver, to pay grade E-5.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s records do not contain copies of his promotion
order to pay grade E-5, there is no reason to doubt the authenticity of the
information on the applicant’s 1971 separation document, on his separation
orders, or in items 2 and 3 on his Department of the Army Form 20.  The
individuals who would have been preparing his separation documents would
have had access to the applicant’s finance records, which may have
contained confirmation of his promotion just prior to his departure from
Vietnam.

2.  It is reasonable to conclude that because promotion orders were not in
his file, the individual preparing his 1975 discharged order from the
United States Army Reserve, following completion of his statutory service
obligation, recorded his grade as Specialist 4, rather than Sergeant.

3.  Because there is no reason to suspect the authenticity of the
information contained on the applicant’s 1971 separation document from
active duty, it would be appropriate, and in the interest of equity and
clarity, to correct the applicant’s 1975 discharge from the United States
Army Reserve to show he was discharged in the rank of Sergeant.

BOARD VOTE:

___MP __  ___SP __  ___SP __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 by showing that he was discharged from
the United States Army Reserve in the rank of Sergeant, vice Specialist 4,
on 1 April 1975.





                            ____Margaret Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000958                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050208                                |
|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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