RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 July 2004
      DOCKET NUMBER:   AR2004099972


      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. Carolyn Wade                  |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Mr. Stanley Kelley                |     |Member               |
|     |Mr. Mark D. Manning               |     |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 that his records be corrected to reflect his
rank as Specialist Four (SP4/E-4).

2.  The applicant states that his records now show his rank as PFC/E-3, but
they should show it as SP4/E-4.

3.  The applicant provides a copy of DA Form 31 (Request and Authority for
Leave), dated 2 May 1969, which shows his rank as SP4/E-4 and a copy of his
DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 September 1969.  The application submitted in this
case is dated 22 October 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's military personnel records show he was inducted into
the Army of the United States on 12 September 1967 for a period of 2 years.

4.  Unit Orders Number 16, Headquarters Battery, 3rd Battalion, 6th
Artillery, APO, dated 25 February 1968, promoted the applicant to PFC/E-3.

5.  DA Form 3180 (Nuclear Duty Position Screening Evaluation), dated 9 June
1969, cleared the applicant for nuclear duties and shows his rank as SP4/E-
4.

6.  DA Form 2706 (Assignment Sheet), dated 9 June 1969, also shows his rank
as SP4/E-4.

7.  DA Form 873 (Certificate of Clearance and or Security Determination
Under EQ 10 450), dated 9 June 1969, show the applicant's military grade as
E-4.

8.  DA Form 3327 (Individual Organizational Clothing and Equipment Record),
dated 7 September 1969, shows the applicant's rank as SP4/E-4.

9.  Special Orders Number 173, Headquarters, Personnel Center United States
Army Garrison Troop Command, Fort Bragg, North Carolina, dated 9 September
1969, releasing the applicant from active duty shows his rank as PFC/E-3.

10.  On 12 September 1969, the applicant was honorably released from active
duty and transferred to the United States Army Reserve after completing 2
years of creditable military service.  His rank and grade is reflected as
PFC (P)/E-3, with (P) representing "Permanent."

11.  On 24 November 1978, the applicant applied to this Board for
correction of his rank/grade in order to join a National Guard unit.  At
that time, he was seeking to have his rank/grade of PFC/E-3 corrected to
reflect SP4/E-4.

12.  On 3 January 1979, the Office of the Adjutant General, Reserve
Components Personnel and Administration Center, Saint Louis, Missouri
responded to the applicant's request to the Board.  The applicant was
informed that there were no promotion orders in his record promoting him to
SP4/E-4 and he was asked to provide a copy of such orders if he had any.
There is no indication of a response by the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's rank as PFC/E-3 and SP4/E-
4 on several different documents prior to being released from active duty.

2.  The applicant's clearance determination shows his rank as SP4/E-4 and
his separation orders show his rank as PFC/E-3.

3.  It is unclear what the applicant's rank was prior to release from
active duty considering the conflicting ranks shown on several different
documents within 30 days of his release from active duty.  On several
documents, he is shown as an SP4/E-4 and on others he is shown as a PFC/E-
3.  However, without promotion orders to support his contention, government
regularity is presumed in the preparation of the applicant's discharge
documents.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 September 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 September 1972.  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

__sac___  __sk____  __mdm___  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.



                 Samuel A. Crumpler
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099972                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040713                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |