RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20040008393


      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          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 his rank be corrected to show Private First
Class (PFC/E-3) on his Honorable Discharge Certificate.

2.  The applicant states his rank is a mistake.

3.  The applicant provides a copy of a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) for the period 26 June 1968
to 18 April 1969 showing he was a PFC.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 February 1970.  The application submitted in this case
is dated 27 September 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 Regular Army for 3 years on 26 June 1968.
 He was promoted to Private (PVT/E-2) on 26 October 1968 and to Private
First Class (PFC/E-3) on 24 December 1968.

4.  The applicant was separated on 18 April 1969 for the purpose of
immediate reenlistment.  He reenlisted for 3 years on 19 April 1969.  On 14
October 1969, he was demoted to PVT as a result of nonjudicial punishment
(NJP) imposed under Article 15, Uniform Code of Military Justice.

5.  The applicant was diagnosed with acute undifferentiated schizophrenia.
Following physical disability processing, he was separated and placed on
the Temporary Disability Retired List (TDRL) on 19 February 1970 in the
rank of PVT (E-2).  On reexamination on 3 August 1971, he was removed from
the TDRL and discharged with a 10% disability for acute undifferentiated
schizophrenia.

6.  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 and the DD Form 256A (Honorable Discharge Certificate).  It provides
that Honorable Discharge Certificates will be issued to all Soldiers
receiving an honorable discharge upon completion of their Reserve
obligations.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was promoted to PFC on 24 December 1968.
It also shows he was reduced to PVT (E-2) on 14 October 1969 as a result of
NJP.

2.  The applicant never regained promotion to PFC and was separated as a
PVT on 19 February 1970.

3.  The applicant has two DD Forms 214.  The first DD Form 214 shows his
rank as PFC (E-3); the second shows his rank as PVT (E-2).  The applicant's
DD Form 256A would be based upon his second DD Form 214 and would show his
rank as PVT.

4.  There is no error or injustice in this case.  The applicant's rank on
his DD Form 214 is correct.  The rank on his DD Form 256A, which he did not
provide, should also be PVT.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 February 1973.  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____  __dj____  __mjf___  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                 |AR20040008393                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |110.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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