RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050000345


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 Item 3 (Grade) of his 1
September 1955 separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that when he was discharged, he held
the rank of specialist five (SP5).  He further states that when he was
released from active duty on 1 September 1955, he was a sergeant (SGT), or
SP5, but his DD Form 214 shows his rank as SP2.

3.  The applicant provides the following documents in support of his
application:  DD Form 214; Discharge Certificate, dated 19 July 1961;
Letter of Recommendation, dated 15 November 1954; Headquarters, 501st
Communication Reconnaissance Special Orders Number 234, dated
3 November 1954; and Vint Hills Farm Station Special Orders Number 136,
dated 25 August 1955.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 1 September 1955.  The application submitted in this case
is dated 29 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’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  This case is
being considered using reconstructed records that primarily consist of the
applicant’s separation documents and the other documents he provided.

4.  The applicant’s DD Form 214 shows he enlisted in the Army and entered
active duty on 2 September 1952.  It further shows that he served overseas
for
1 year, 4 months and 12 days, and that he earned the United Nation Service
Medal, Korean Service Medal, National Defense Service Medal, and Good
Conduct Medal during his tenure on active duty.

5.  The applicant’s separation document further shows he was honorably
separated from active duty on 1 September 1955, after completing a total of

3 years of active military service.  Item 3 (Grade) shows he held the rank
of
SP2 (T) on the date of his separation.

6.  The applicant provides a letter of recommendation, dated 15 November
1954, which lists his rank as SGT and comments on his outstanding
performance of duty as a 1717 (Morse Code Interceptor).  He also provides a
discharge certificate from the United States Army Reserve (USAR), dated 19
July 1961, which lists his rank as SP5.

7.  The Army Enlisted Grade Structure in effect from 1 July 1955 through 31
May 1958 provided specialist ranks for the pay grades E-4 through E-6, in
addition to the normal ranks established for these pay grades.  The
corresponding ranks for these pay grades were as follows:  Pay Grade E-4 -
Corporal (CPL)/Specialist 3 (SP3 Class); Pay Grade E-5 - Sergeant
(SGT)/Specialist 2 (SP2 Class); Pay Grade E-6 - Sergeant First Class
(SFC)/Specialist 1 (SP1 Class); and Pay Grade E-7 - Master Sergeant
(MSG)/Master Specialist (MSP).  On 1 June 1958, the Army adapted an
Enlisted Grade Structure that provided corresponding ranks of SGT and SP5
for the pay grade E-5.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he held the rank of SP5 was carefully
considered.  However, it appears the applicant is confusing the pay grade E-
5 with the corresponding rank listed.  The Army’s enlisted grade structure
in effect at the time of the applicant’s separation from active duty on 1
September 1955 provided a corresponding specialist rank of SP2 for the pay
grade E-5.

2.  The evidence of record confirms the applicant held the pay grade E-5
and corresponding rank of SP2 at the time of his separation from active
duty.  Thus, there appears to be no error or injustice related to the rank
listed in Item 3 of his
DD Form 214.  His honorable discharge certificate for the USAR lists his
rank as SP5 because it was issued subsequent to the 1 June 1958 change to
the Army Enlisted Grade Structure.  As a result, there is an insufficient
evidentiary basis to support changing the applicant’s rank at this time.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 September 1955.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 31 August 1958.  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

___LE___  ___PMS_  ___LGH__  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.




                                  ____Lester Echols   _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000345                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/09/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1955/09/01                              |
|DISCHARGE AUTHORITY     |AR635-250 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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