RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              OCTOBER 26, 2004
      DOCKET NUMBER:        AR2004103146


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Ms. Eloise Prendergast            |     |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 that his records be corrected to show that the
final rank that he obtained while he was in the Army was specialist (E-4).

2.  The applicant states, in effect, that he was honorably discharged in
the pay grade of E-4 on 29 August 1969, and his record should reflect his
appropriate pay grade.  He states that he was promoted to the pay grade of
E-4 while he was at Fort Monroe, Virginia.

3.  The applicant provides in support of application, a copy of his Report
of Transfer or Discharge (DD Form 214) and a copy of his Honorable
Discharge Certificate dated 30 August 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 August 1969.  The application submitted in this case
is dated 23 January 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.  On 31 August 1966, he enlisted in the Army in Oklahoma City, Oklahoma,
for 3 years, in the pay grade of E-1.  He successfully completed his
training as a clerk-typist.

4.  He was advanced to the pay grade of E-2 on 31 December 1966.  He was
transferred to Vietnam on 13 January 1967 and he was advanced to the pay
grade of E-3 on 13 February 1967.  He was advanced to the temporary pay
grade of E-4 on 21 September 1967.

5.  He returned to the Continental United States on 17 April 1968 and he
was assigned to Fort Monroe, Virginia, on 5 June 1968.



6.  He was honorably released from active duty on 29 August 1969 and he was
transferred to the United States Army Reserve Control Group
(Reinforcement).

7.  The DD Form 214 that he was furnished at the time of his discharge
shows that at the time of his release from active duty, he held to
temporary pay grade of specialist (E-4) with a 21 September 1967, date of
rank.

8.  The Honorable Discharge Certificate that he was furnished at the time
of his discharge from the USAR shows that he was discharged on 30 August
1972, in the pay grade of E-4.

9.  Army Regulation 600-200, at paragraph 7-13, then in effect, stated that
advancement to pay grade E-4 was not mandatory.  Commanders could, without
constraint, advance service members who had completed 24 months time in
service and 6 months time in grade.  A waiver of 3 months time in grade was
authorized.  To recognize outstanding performance, commanders could advance
service members to pay grade E-4 upon completion of 12 months time in
service and 3 months time in grade.  The number of service members that
could be given such accelerated advancement was restricted.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The records are correct as currently reflected.  Notwithstanding the
fact that in the remarks section of his DD Form 214, there is a statement
that reads that he was appointed to the rank of private first class (E-3)
on 13 February 1967, his entire record, to include his DD Form 214 and his
Honorable Discharge Certificate shows that he was separated from the Army
in the pay grade of E-4.

3.  Inasmuch as his pay grade is correct as currently reflected throughout
his official, this Board finds no basis for amending his DD Form 214 or any
other document maintained therein.

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 29 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 August 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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

ep______  js ______  cg______  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.




                                  _____John Slone____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103146                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  302  |129.0000.0000/PAY GRADE                 |
|2.  307                 |129.0500.0000/PAY GRADE                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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