RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 March 2005
      DOCKET NUMBER:  AR20040001941


      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. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 his records be corrected to
reflect that he completed the Special Forces Officer Course, the Infantry
Officer Advance Course, and that he was awarded "SF Identifier 3."

2.  The applicant states that the above schools are not on his records.

3.  The applicant provides:

      a.  DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge) for the period 29 November 1965 through 30 November 1968.

      b.  Special Orders Number 26, Headquarters, 20th Special Forces Group
(Airborne), 1st Special Forces, Alabama Army National Guard, dated 29 June
1976, awarding him "Special Qualification Identifier '3'" effective 29 June
1976.

      c.  Orders 21-33, State of Mississippi Military Department, dated
1 February 1977, separating him from the Army National Guard.

      d.  DA Form 1306 (Statement of Jump and Loading Manifest) for a
flight that occurred on 29 October 1979.

      e.  Letter of Appreciation, 3291 United States Army Reserve School,
Memphis, Tennessee, dated 18 September 1976.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1968.  The application submitted in this case
is dated 22 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 was appointed as a Second Lieutenant, United States Army
Reserve (USAR) through the Reserve Officer Training Corps program at the
University of Southern Mississippi.  He entered on active duty on 29
November 1965.

4.  The applicant served on active duty for 3 years and 2 days, after which
he was honorably released on 30 November 1968 and assigned to the USAR
Control Group (Reinforcement).  His DD Form 214 shows that he served in
military occupational specialty (MOS) 71180, Air Defense Missile Unit
Commander (Parachutist).  The applicant never served in a Special Forces
unit or attended Special Forces training during his active duty period.

5.  On 2 October 1974, the applicant made application for appointment as an
officer in the Mississippi Army National Guard and as a Reserve of the
Army.  On 30 October 1974, he was appointed as a Captain, assigned as the
Executive Officer, Company C, 2nd Special Forces Battalion, 20th Special
Forces, Columbus, Mississippi.  He was awarded MOS 31542, Infantry Unit
Commander (Special Forces).

6.  On 27 August 1975, the applicant was ordered to full-time training duty
to attend the Special Forces Officer Course (SFOC), US Army Institute for
Military Assistance, Fort Bragg, North Carolina from 14 September to 17
December 1975.  He reported for duty at Fort Bragg and was assigned as a
student to SFOC 1-76.  He did not successfully complete the course.  A DA
Form 1059 (Service School Academic Evaluation Report), dated 4 February
1976, stated:

      [Applicant] was counseled 3 times during the conduct of this course on
      his academic and physical deficiencies.  He indicated a desire to pass
      the course and he was even transferred to a  different  detachment  to
      assist him by placing him in a new environment in order that he  might
      improve.  He did not.  [Applicant] had  serious  problems  in  dealing
      with people.  He was overly concerned with his own welfare and  showed
      little concern for the group mission.  To a man,  each  member  of  my
      detachment as well as his previous detachment, felt he was unqualified
      to be a Special Forces officer.  [Applicant] was physically unfit  and
      often slowed his detachment down.  [Applicant] constantly dropped  out
      of runs and marches.  If his attitude had been better, his  classmates
      would have assisted him in every possible way.  This, coupled with his
      failing average, caused [applicant] not to graduate from the course.

7.  The applicant's records contain documentation to show that he was
enrolled in the "Branch Officer Advanced Course" via correspondence.  An
AGUZ Form 538 (Verbal or Telephone Inquiry), dated 23 February 1978, states
"officer has not completed Advanced Course – has only completed 4 of 6
phases."

8.  The applicant was not selected for promotion to the rank of Major and
was discharged from the National Guard on 1 February 1977.

9. Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It
establishes standardized policy for preparing and distributing the DD Form
214.  It states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant ostensibly wants his DD Form 214 corrected to show that
he completed the Special Forces Officer Course, the Infantry Officer
Advance Course, and that he was awarded "SF Identifier 3."

2.  During the period described by his DD Form 214, the applicant was an
Air Defense Artillery officer with a skill identifier of "7" for
parachutist.  He was not a Special Forces officer, nor did he have a
Special Forces identifier of "3."

3.  The applicant is not a graduate of the SFOC or Infantry Officer
Advanced Course.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 February 1977, the date he was
separated from the National Guard; therefore, the time for the applicant to
file a request for correction of any error or injustice expired on 31
January 1980.  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

__js____  ___le___  __cd____  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.



                                        John Slone
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001941                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050310                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]