RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          7 July 2005
      DOCKET NUMBER:  AR20040009414


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Carol A. 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 that item 7 (Last Duty Assignment and Major
Command) of his DD Form 214 (Certificate of Release or Discharge from
Active Duty) be amended to show his last major command was not the Canal
Zone (code "CZ"); that item 12h (Effective Date of Pay Grade) be amended to
show his correct date of rank; and that item 12d be amended to show his
correct prior active service instead of zero prior active service.  He also
requests "his money and retirement."

2.  The applicant states that he has been in black operations since 9 May
1972.  Officially, on 9 May 1972 he received a Presidential Order attaching
him to the Air Force for 30 years.  Unofficially, his work for the Federal
Government began over a year before when he was helping develop a strategy
to end the country's involvement in Vietnam.  In 1981, under another
Presidential Order, he joined the Navy in black operations programs.  In
1989, as an Army E-4 in an E-7 slot at Fort Ritchie, MD, he accepted a
position that was created for him and he was attached to the Marines.
Admiral Poindexter is very familiar with his programs.  He was tasked in
1989 to find out why and how Los Alamos and Sandia leaked like a sieve.
Personnel from the same areas are still involved in criminal operations
against him

3.  The applicant desires to appear before the Board.

4.  The applicant indicated his date of discovery of the error or injustice
was         30 November 2001 when he attempted to out-process upon the
expiration of his 30-year enlistment.

5.  The applicant provides self-authored statements dated 24 August 2004,
     16 June 2004, 29 October 2004, and 22 September 2004; an undated
letter addressed to Mr. R___; a letter apparently on Smithsonian National
Museum of American History letterhead dated 27 October 2004 from Mr. R___
to the applicant with a related fax coversheet; and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 March 1990.  The application submitted in this case is
dated       17 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.  The applicant was born on 9 May 1962.  He enlisted in the Regular Army
on 22 October 1986 in pay grade E-3 for 4 years.  He completed basic
training and advanced individual training and was awarded military
occupational specialty 29V (Strategic Microwave Systems Repairer).  On or
about 24 September 1987, he was assigned to the U. S. Army Information
Systems Command – Site R at Fort Ritchie, MD.

4.  Effective 22 October 1987, the applicant was promoted to Specialist
Four, E-4 with a date of rank of 22 October 1987.

5.  On 17 June 1989, a bar to reenlistment was initiated on the applicant.
The bar to reenlistment certificate indicates he was given an Article 15 on
7 June 1989 for an unknown offense.  The applicant had demanded court-
martial but the unit chose not to initiate court-martial proceedings.  The
commander cited two DA Forms 4856 (General Counseling Form) and one letter
of reprimand for failure to repair, a DA Form 4856 for responsibilities and
professionalism, and a memorandum of response to an Inspector General
complaint (none of these forms available) as other indicators of
untrainability or unsuitability.  The commander also stated that the
applicant placed his personal welfare and goals significantly above his
dedication and commitment to the goals and missions of the Army and he did
not demonstrate pride in the unit or work as a member of the team.  The bar
to reenlistment was approved on 19 June 1989.

6.  On 2 January 1990, the applicant requested separation under the
provisions of Army Regulation 635-200, paragraph 16-5 (voluntary separation
of Soldiers denied reenlistment).  His request was approved on 29 January
1990.  On          2 March 1990, he was honorably discharged after
completing 3 years, 4 months, and 11 days of creditable active service.

7.  Item 7 of the applicant's DD Form 214 contains the entry, "HQ CO,
USAISEC-CONUS (USAISEC) CZ".  Item 12h erroneously shows his effective date
of pay grade as 1 November 1981.  Item 12d shows he had no prior active
service.

8.  Army Regulation 680-29 (Military Personnel, Organization, and Type of
Transaction Codes) states, in pertinent part, that data code "CZ" means
assigned to the U. S. Army Information Systems Command.

9.  Army Regulation 15-185 governs operations of the Army Board for
Correction of Military Records (ABCMR).  Paragraph 2-11 of this regulation
states that applicants do not have a right to a hearing before the ABCMR.
The regulation provides that the Director of the ABCMR or the ABCMR may
grant a formal hearing before which the applicant, counsel, and witnesses
may appear whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The date of application to the ABCMR is within three years of the date
the applicant discovered the error or injustice; therefore, he has timely
filed.

2.  The applicant's contentions have been noted; however, he provides
insufficient evidence to show he received a Presidential Order on 9 May
1972 (when he was 10 years old) attaching him to the Air Force for 30
years, that he had served in black operations since that time, or that
personnel are still involved
in criminal operations against him.  He also provides insufficient evidence
to show he is due any money or that he is eligible for a military
retirement.

3.  The evidence of record shows that the applicant first entered the Armed
Forces on 22 October 1986 when he enlisted in the Regular Army and he
provides no evidence to show otherwise.  Therefore, it appears that item
12d of his DD Form 214, which shows he had no prior service, is correct.

4.  Item 7 of the applicant's DD Form 214 does not show that his last major
command was in the Canal Zone.  Data code "CZ" represents the U. S. Army
Information Systems Command.   The evidence of record shows his last unit
was a subordinate unit of the U. S. Army Information Systems Command.

5.  Item 12h of the applicant's DD Form 214 erroneously shows his effective
date of pay grade as 1 November 1981.  There is no evidence of record to
show he served in the Regular Army or any other Armed Force on that date.
The evidence of record shows he was promoted to Specialist Four, E-4
effective      22 October 1987.  Therefore, this item should be amended to
correctly show his effective date of pay grade as 22 October 1987.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__mhm___  __ena__  __cak______  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 item 12h of the DD Form 214
of the individual concerned be amended to show his effective date of pay
grade as 22 October 1987.

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
amending his DD Form
214  to show he had prior active service and to, in effect, delete the
entry "CZ" in item 7.




            __Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009414                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050707                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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