RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 January 2005
      DOCKET NUMBER:  AR2004106212


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, a change to his promotion date to
private/E-2 (PV2).

2.  The applicant states, in effect, that he was recommended for
accelerated promotion to PV2, but his promotion was given to another
soldier.

3.  The applicant provides a recommendation for accelerated promotion to
PV2 from his unit commander, copies of promotion orders, his Personnel
Qualification Record (DA Form -2-1) and a document containing his rifle
range score in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 23 January 1989.  The application submitted in this case
is dated 27 February 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.  The applicant’s record shows that he initially enlisted in the Regular
Army and entered active duty on 29 August 1967.  He successfully completed
basic combat training at Fort Benning, Georgia and advanced individual
training (AIT) at Fort Leonard Wood, Missouri.  Upon completion of AIT, he
was awarded military occupational specialty (MOS) 12A (Pioneer).

4.  The applicant’s DA Form 2-1 shows, in Item 18 (Appointments and
Reductions), that he was advanced to the following ranks on the date
indicated: PV2, 29 December 1967; private first class (PFC), 19 February
1968; specialist four (SP4), 10 July 1968; specialist five (SP5), 18
December 1968; and
staff sergeant (SSG), 28 January 1972.  ,

5.  On 16 December 1982, the applicant was honorably discharged at the
expiration of his term of service.  The separation document (DD Form 214)
he was issued confirms he held the rank of SSG and had completed a total of

15 years, 3 months and 18 days of active military service.
6.  The applicant provides a recommendation for accelerated promotion to
PV2 completed by his unit commander on 28 October 1967.  This document
shows the unit commander recommended the applicant be promoted to PV2 on 3
November 1967.

7.  The applicant’s record contains no orders or documents indicating the
applicant was actually promoted to PV2 by proper authority prior to 27
December 1967, as is recorded in his Personnel Qualification Record.
Further, there is no indication the applicant ever raised this issue at
anytime while he remained on active duty.

8.  Army Regulation 600-200, in effect at the time, prescribed the
policies, responsibilities and procedures pertaining to career management
of Army enlisted Personnel.  Section IV, paragraph 7-19b provided guidance
on accelerated advanced to PV2.  It stated that commanders administering
basic training could authorize administrative advancement of privates, E-1,
who successfully completed such training, to PV2 without regard to the
normal four month time in service requirement.  Advancement under this
provision was limited to 35 percent of the those completing basic training.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his advancement date to PV2 should be
adjusted based on the accelerated promotion recommendation of his unit
commander was carefully considered.  However, there is insufficient
evidence to support granting the requested relief.

2.  The applicant’s record confirms he was advanced to PV2 on 29 December
1967.  The existence of an accelerated advancement recommendation from his
unit commander alone does not prove any error or injustice related to his
advancement to PV2.  There is no evidence in the record that would suggest
his accelerated promotion was authorized by the proper authority.  Given
the percentage limitation placed on these advancements to PV2 at the time,
it is likely the quota had been exceeded and the applicant’s advancement
was not approved.

3.  Further, there is no indication the applicant ever raised this issue
during the over 15 years he remained on active duty.  Given the passage of
time and lack of any clear and convincing evidence that he was unjustly
denied advancement, there is an insufficient evidentiary basis to grant the
requested relief at this late date.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, 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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1982.  Thus, the time for
him to file a request for correction of any error or injustice expired on
15 December 1985.  However, he failed to 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

___JTM__  __LDS__  __CAK __  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.




            ____Linda D. Simmons  __
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004106212                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1982/12/16                              |
|DISCHARGE AUTHORITY     |AR 635-200 C4                           |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  310  |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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