RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 September 2005
      DOCKET NUMBER:  AR20040011091


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |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 correction of his records to show promotion to
the rank and pay grade of sergeant, E-5.

2.  The applicant states he “was in line for promotion” in 1967 while
assigned to 3d Battalion, 47th Infantry.  He was transferred to 3d
Battalion, 39th Infantry and told his promotion orders would “follow him”
but that this “never happened.”  He further states that he served his
country honorably and would be very proud to receive his sergeant stripes.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), orders announcing his
promotion to specialist four, E-4, and orders announcing award of the
Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 8 May 1968.  The application submitted in this case is dated 1
December 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’s records show that he was inducted on 9 May 1966 and
trained in Military Occupational Specialty 11C20 (Infantry Indirect Fire
Crewman).  He was assigned to Vietnam, where he served with Company C, 47th
Infantry from 28 January to 24 August 1967 and with Company C, 3d
Battalion, 39th Infantry from 25 August 1967 to 5 January 1968.  He
returned to Fort Campbell, Kentucky where he completed his service
obligation and was honorably separated on 8 May 1968 in pay grade E-4.

4.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted
Qualification Record) shows that the applicant was promoted to private, E-2
on 10 September 1966; to private first class, E-3 on 2 November 1966; and
to specialist fourth class, E-4 on 16 February 1967.  There are no other
entries in this item of his DA Form 20.
5.  There are no orders, or a promotion “package,” in the applicant’s
records that show he was selected for promotion to sergeant, E-5.

6.  Army Regulation 600-200 (Enlisted Personnel Management System), in
effect at the time, provided specific guidance for promotion to pay grade E-
5.  The regulation also provided that promotion to this pay grade was not
mandatory, nor were there any provisions for “automatic” promotion.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any evidence,
that he was ever promoted to sergeant, E-5.

2.  The applicant’s statement that he served honorably and would be proud
to receive his sergeant’s stripes is noted.  However, there is no
compelling evidence that he was ever promoted, or that an error has
occurred in his case.

3.  In order to justify correction of a military record the applicant must
show, 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.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 May 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 7 May 1971.  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

___lmd__  ___reb __  ____lf___  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.




            _________Ronald E. Blakely_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011091                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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