RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 April 2004
      DOCKET NUMBER:   AR2004099948


      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. Wanda L. Waller               |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Mr. Richard Dunbar                |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 DD Form 214 (Report of
Transfer or Discharge) to show his pay grade as E-8 (First Sergeant or
Master Sergeant) instead of E-5 (Sergeant) and to show that he served in
Vietnam.

2.  The applicant states that he was an E-8 and his discharge document
shows he was an E-5.  He also states that he was on temporary duty to
Vietnam for body escort detail from October 1967 to January 1968.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
10 October 1968.  The application submitted in this case is dated 22
February 2003.

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 inducted on 11 October 1966.  He successfully
completed basic combat training and advanced individual training in
military occupational specialty 11E (armor crewman).  On 10 October 1968,
the applicant was released from active duty in the temporary rank of
Sergeant/pay grade E-5.

4.  Item 5a (Grade, Rate or Rank) on the applicant's DD Form 214 shows the
entry, "SGT (T)" [Sergeant Temporary].  Item 5b (Pay Grade) on his DD Form
214 shows the entry, "E-5."  Item 22c (Foreign and/or Sea Service) on the
applicant's DD Form 214 shows the entry, "0 0 0."

5.  Item 31 (Foreign Service) on the applicant's DA Form 20 (Enlisted
Qualification Record) is blank.  Item 33 (Appointments and Reductions) on
his DA Form 20 shows he was promoted to the temporary rank of Sergeant on
21 February 1968.

6.  There is no evidence in the applicant's service personnel records which
shows the applicant was promoted to First Sergeant or Master Sergeant/pay
grade E-8 prior to his release from active duty.

7.  There is no evidence in the applicant's service personnel records which
shows he served in Vietnam.

8.  Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214.  The regulation, in effect at the time,
directed in pertinent part, that the total amount of active duty performed
outside the continental limits of the United States for the period covered
by the DD Form 214 and the last oversea theater in which the service was
performed would be entered in item 22c.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no
evidence, which shows that he was promoted to First Sergeant or Master
Sergeant/pay grade E-8 prior to his release from active duty on 10 October
1968.  Therefore, there is no basis for amending items 5a or 5b on his DD
Form 214.

2.  There is no evidence of record, and the applicant has provided no
evidence, which shows that he served in Vietnam from October 1967 to
January 1968.  Therefore, there is insufficient evidence on which to amend
the applicant's DD Form 214 to show that he served in Vietnam.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 10 October 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 9
October 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 RELIEF

________  ________  ________  GRANT FORMAL HEARING

MP_____  MM_____  RD______  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.




            __Margaret Patterson______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004099948                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040429                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0200                                |
|2.                      |113.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |