RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040011291


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeannette McCants             |     |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 he was
discharged in the rank of specialist four (SP4), pay grade E-4.

2.  The applicant states that several of the men in his company were
promoted to SP4 in 1967 and he was among that group.  He states he was paid
as an E-4 for three years.  His records show his rank of E-4, but states
that the promotion orders were lost.

3.  The applicant provides a page from his DA Form 20 (Enlisted
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 9 March 1970.  The application submitted in this case is dated 6
February 2005.

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 U.S. Army Reserve (USAR) on 5 March 1964
in the rank of private, E-1 for a period of six years.  He was ordered to
active duty for training (ACDUTRA) on 19 April 1964.

4.  He was released from ACDUTRA on 3 October 1964 and was transferred back
to his Reserve unit.  His DD Form 214 for the period ending 3 October 1964
shows he was released from ACDUTRA in the rank as private, E-2.

5.  Support Company, 85th Division (Training), Chicago, Illinois Unit
Orders Number 3 dated 28 April 1965 promoted the applicant to private first
class (PFC), E-3.

6.  Item 33 (Appointments and Reductions) on his DA Form 20 lists the
permanent grade of SP4, E-4 and the entry "No orders in file."  The date of
rank is not listed.
7.  His personnel records contain a DA Form 1380 (Record of Individual
Performance of Reserve Duty Training) dated 3 November 1968 which shows his
rank as SP4, E-4.  There are other documents in the applicant's personnel
records which show his rank as SP4, E-4.

8.  Headquarters, Fifth United States Army, Fort Sheridan, Illinois Letter
Orders Number 03-2283 honorably discharged the applicant from the USAR on 9
March 1970.  These orders show his rank as "PFC."

DISCUSSION AND CONCLUSIONS:

1.  Letter orders show the applicant was discharged from the USAR in the
rank of PFC, E-3.

2.  His Enlisted Qualification Record shows the rank of SP4; however, there
are no orders available which authorize his promotion to SP4.

3.  Although there are documents which reflect his rank as SP4, E-4, there
is insufficient evidence to show he was a SP4 at the time of his discharge.

4.  Regrettably, 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 9 March 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 March 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

SP______  RD______  JM______  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.




                                  Shirley Powell________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011291                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |129.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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