RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2005
      DOCKET NUMBER:  AR20040001019


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 her DD Form 214 (Certificate of
Release or Discharge From Active Duty) for the period 29 March 1982 through
22 June 1982 be corrected:

      a.  In Item 16 (High School Graduate or Equivalent) to show that she
graduated high school.

      b.  In Item 4a (Grade, Rate, or Rank) and 4b (Pay Grade) to show that
she was a PFC (Private First Class), E-3.

      c.  In Item 11 (Primary Specialty Number) to show she held Military
Occupational Specialty (MOS) 72E (Telecommunication Center Operator).

2.  The applicant further requests, in effect, that her statement of
retirement points be corrected, but does not specify how.

3.  The applicant states that she received her DD Form 214 and her
Retirement Points Statement (ARPC Form 606-E) from the National Personnel
Records Center and they are incorrect.

4.  The applicant provides a self-authored letter dated 23 April 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 May 1993.  The application submitted in this case is
dated 23 April 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 US Army Reserve (USAR) for 6 years on
27 June 1981.  She immediately underwent basic training at Fort Dix, New
Jersey.  Upon completion of basic training, she was returned to her USAR
unit.

4.  On 29 March 1982, the applicant entered on active duty for training in
order to attend advanced individual training (AIT) in MOS 72E at Fort
Gordon, Georgia.  She completed AIT and was awarded MOS 72E.  She was
relieved from active duty for training and issued a DD For 214 on 22 June
1982.  Her DD Form 214 lists her rank as Private (PV2/E-2).  It also shows
that she was awarded MOS 72E, and shows that she was not a high school
graduate at the time of relief from active duty.

5.  There is a letter, dated 4 February 1982, in the applicant's DA Form
201 (Military Personnel Records Jacket) from Frontier High School,
Whittier, California.  It states that she has met all basic course work
requirements to earn a high school diploma on June 16, 1982 contingent upon
verification of two months military service and re-entering school upon her
return from active duty in order to complete attendance requirements.

6.  The applicant's DA Form 201 contains a DA Form 2-1 (Personnel
Qualification Record) showing that she was promoted to PFC on 25 July 1982.

7.  The applicant's DA Form 201 contains an ARPC Form 606-E, dated 14 June
2000, which shows USAR service from 27 June 1981 through honorable
discharge on 18 May 1993.  During that period of time, the applicant is
credited with 4 creditable years for retirement purposes.  It is also noted
that the applicant was often cited as an unsatisfactory participant during
her tenure in the USAR.  Her record contains numerous reports of unexcused
absences.

DISCUSSION AND CONCLUSIONS:

1.  It is apparent that the applicant is a high school graduate; however,
at the time of her release from active duty for training on 22 June 1982,
she had not completed all requirements for her high school diploma based
upon the letter from Frontier High School contained in her DA Form 201
file.  Her DD Form 214 is, therefore, correct.

2.  The applicant's rank at the time of her relief from active duty for
training was Private (PV2/E-2).  She was not promoted to PFC until 25 July
1982.  Her DD Form 214 is, therefore, correct.

3.  The applicant's MOS on her DD Form 214 correctly shows 72E,
Telecommunications Center Operator.  No change is necessary.

4.  The applicant has provided no evidence that her Retirement Points
Statement is incorrect.  Her DA Form 201 shows that she was not in good
standing throughout much of her USAR service, having missed numerous drills
with unexcused absences.  Unless the applicant can prove otherwise, the 14
June 2000 Retirement Points Statement is considered accurate.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 May 1993, the date of her honorable
discharge from the USAR; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 17 May 1996.
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

__mdm___  __bje___  __pms___  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.



                                        Mark D. Manning
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001019                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050308                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |100.0500                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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