RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 August 2005
DOCKET NUMBER: AR20040011633
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. John T. Meixell | |Member |
| |Mr. James B. Gunlicks | |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 rank be corrected to show
he was a second lieutenant.
2. The applicant states, in effect, that he was a Reserve Officers'
Training Corps (ROTC) graduate.
3. The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty) and his college diploma.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 6 July 1990. The application submitted in this case is
dated 13 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 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 Army Delayed Entry Program on 15 March
1982. His DD Form 1966 (Record of Military Processing – Armed Forces of the
United States) shows he attended Junior ROTC from 1974 through 1976. It
shows he attended the University of Maryland, Heidelberg, Germany campus
from September 1977 through January 1978 and the Northern Virginia
Community College in Annandale, VA from September 1979 through January 1980
but was a graduate of neither.
4. The applicant enlisted in the Regular Army on 16 April 1982. He was
promoted to staff sergeant, E-6 on 1 June 1989.
5. The applicant was awarded a Bachelor of Science degree from Columbia
Union College on 15 December 1989.
6. On 1 May 1990, a Medical Evaluation Board referred the applicant to a
Physical Evaluation Board. On 8 May 1990, the Physical Evaluation Board
found the applicant to be unfit due to chronic hypertension, chronic
hypertensive headaches, and retinopathy and recommended he be discharged
with severance pay.
7. On 6 July 1990, the applicant was honorably discharged, in the rank and
grade of staff sergeant, E-6, with a 20 percent disability rating and
severance pay.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows the applicant completed Junior
ROTC prior to enlisting in the Army. There is no evidence to show he ever
attended senior ROTC. He provided evidence to show he completed college 7
months prior to his discharge for disability. There is no evidence to show
he was ever commissioned a second lieutenant.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 July 1990; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 July 1993. 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
__mhm___ __jtm___ __jbg___ 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.
___Melvin H. Meyer____
CHAIRPERSON
INDEX
|CASE ID |AR20040011633 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050816 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |102.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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