RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 August 2005
      DOCKET NUMBER:  AR20040008519


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 military records be
corrected to show that he was assigned to B Company (Troop), 3rd Squadron,
7th Cavalry during the period from November 1972 to June 1977.

2.  The applicant states, in effect, that while he was assigned to the
3rd Squadron, 7th Cavalry he was injured and was taken to a German hospital
where he was treated for leg injuries on more than occasion.

3.  The applicant provides no documentation or evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1992.  The application submitted in this case is dated
28 October 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's military records show that he initially enlisted on 5
June 1972 for a period of 4 years and served continuously until his
retirement on 30 June 1992.  He had served 20 years and 26 days of active
service characterized as honorable.  The highest grade held by the
applicant was sergeant first class/pay grade E-7.

4.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1
(Personnel Qualification Record) does not reflect any of the applicant's
assignments prior to 17 June 1974.

5.  Item 35 of the applicant's DA Form 2-1 shows:

      a.  that he was assigned to B Troop, 3rd Squadron, 7th Cavalry from
17 June 1974 to 14 June 1976; and
      b. that he was assigned to C Company, 2nd Battalion, 64th Armor
effective
15 June 1976.

6.  The applicant's records contain four DA Forms 2166-5 (Enlisted
Efficiency Reports (EER)) covering the period from November 1972 to June
1976.  These EERs show the applicant's "Organization and Station" as B
Troop, 3rd Squadron, 7th Cavalry.

7.  Headquarters, United States Army, Europe and Seventh Army Special
Orders Number 098, dated 7 April 1976, show that the applicant was
discharged on
6 April 1976 and reenlisted on 7 April 1976 and assigned the applicant to
B Troop, 3rd Squadron, 7th Cavalry.

8.  The applicant's records contain an EER covering the period from July
1976 to November 1977.  This EER shows the applicant's "Organization and
Station" as C Company, 2nd Battalion, 64th Armor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was assigned to B Company (Troop),
3rd Squadron, 7th Cavalry during the period from November 1972 to June 1977

2.  The preponderance of evidence in this case shows that the applicant was
assigned to B Troop, 3rd Squadron, 7th Cavalry during the period from
November 1972 to 14 June 1976.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1992, the date he was relieved
from active service; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 29 June 1995.
The applicant did not file within the 3-year statute of limitations.
However, compelling evidence shows that it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jmd __  ___jea__  ____rtd__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 the
applicant was assigned to B Troop, 3rd Squadron, 7th Cavalry during the
period from November 1972 to 14 June 1976.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
assignment to B Troop, 3rd Squadron, 7th Cavalry during the period from 15
June 1976 to June 1977.




                            _____James E. Anderholm______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008519                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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