RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              13 OCTOBER 2005
      DOCKET NUMBER:         AR20040008966


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 he be promoted to the pay grade
of E-4.

2.  The applicant states that he did not receive his promotion to the pay
grade of E-4 in connection with his reenlistment and reenlistment bonus.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 November 1971.  The application submitted in this case is
dated 30 June 2004 and was received on 20 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 limitation 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.  He enlisted in Oklahoma City, Oklahoma, on 28 September 1970 for a
period of 3 years.  He completed his basic combat training at Fort Leonard
Wood, Missouri, and his advanced individual training (AIT) at Fort Sill,
Oklahoma, before being transferred to Augsburg, Germany in the pay grade of
E-3, on 9 March 1971, for duty as a cannoneer.

4.  On 28 May 1971, he reenlisted for a period of 3 years and assignment to
Vietnam.  There is no evidence in his reenlistment contract that he was
contracted for or was eligible for a reenlistment bonus, or that he was
promised a promotion in connection with his reenlistment.

5.  The applicant departed Germany en route to Vietnam with a reporting
date to the Fort Lewis, Washington, overseas replacement company of 28 June
1971.  He failed to report as ordered and remained in an absent without
leave (AWOL) status until he was apprehended and returned to military
control at Fort Sill, Oklahoma on 18 August 1971.  He was transferred to
Fort Hood, Texas, to be placed in confinement.

6.  There is no evidence in the available records to show that he ever
received any punishment for that AWOL offense.  However, his records do
show that he was transferred to Brooke Army Medical Center, Fort Sam
Houston, Texas, where he was diagnosed with a Schizophrenic reaction,
paranoid, acute, severe, manifested by feelings of persecution, attacks on
other people without provocation, suspiciousness, and poor reality testing.
 The examining psychiatrist recommended that he be processed for separation
through medical channels.

7.  He underwent a medical evaluation board (MEB) which opined that the
applicant was medically unfit for military service, that he was not suited
for duty in Vietnam, and that he did not wish to continue his service.  The
MEB recommended that he be referred to a Physical Evaluation Board (PEB).

8.  On 21 October 1971, a PEB also found him unfit for further military
service and recommended that he be separated from the service with
severance pay with a 10% disability rating.  The applicant concurred with
the findings of the PEB and waived a formal hearing in his case on 22
October 1971.

9.  Accordingly, he was honorably discharged in the pay grade of E-3 on
29 November 1971, under the provisions of Army Regulation 635-40, due to
Physical Disability, with entitlement to severance pay.  He had served 1
year, 2 months, and 2 days of total active service and received $622.20 in
disability severance pay benefits.

10.  A review of the applicant’s records fails to show any evidence to
reflect that he was promised, in connection with his reenlistment, that he
was going to be promoted or that he was recommended for promotion to the
next higher grade.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  The applicant has failed to show through evidence submitted with his
application or the evidence of record that he was entitled to or was
promised that he would be promoted and was unjustly denied the promotion.

3.  Therefore, lacking evidence to show that he was unjustly denied a
promotion to which he was entitled, there appears to be no basis to grant
his request.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 November 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 November 1974.  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

____TK_    ___PM __  ___CK__  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.




            ____Ted Kanamine______________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008966                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19721129                                |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Physical Disability – Severence Pay     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |310/PROMOTION                           |
|1.131.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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