RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 OCTOBER 2005
      DOCKET NUMBER:  AR20050000552


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth Lapin                 |     |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.  In effect, the applicant requests that his record reflect that he is
the “Bicentennial Soldier.”  Additionally, he implies that the government
owes him money.

2.  The applicant states he is beginning his twenty-ninth year of service
with the Army as an undercover agent and American’s bicentennial Soldier.
He has never been relieved of his first general order, which states, “I
will guard everything within the limits of my post and quit my post only
when properly relieved.”  He states that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) is incomplete because of his safety
to hide his real identify.

      a. The applicant comments on his diplomas to prove his point of
direction and position earned as the bicentennial Soldier, states that his
time of birth, his age (17 years) and the graduation date of 17 June 1976,
and other dates which he cites is testament to the fact that he is the
third bicentennial authority in America.  He cites the area codes of
Bowling Green, Kentucky and Washington D.C., added together point to the
direction of where the bicentennial Soldier would be trained, e.g., Fort
Bragg, North Carolina.  He explains another point of direction using the
motto of the United States, and subtracting his classified MOS (military
occupational specialty).

      b.  He states that he is protected by the “Secret of the Coin” and
the Green Beret.  He states that he is also the “Drummer Boy” shown on the
bicentennial quarter.  The applicant provides two copies of his application
and attached documents, to include four quarters, showing the obverse and
the reverse of each quarter, the reverse depicting a drummer boy.

      c.  He states that until 28 January 2002 his identity was hidden.  He
states that he was not sure of the time period of November through December
1989 when Oliver North shredded all information regarding his identify as
America’s bicentennial Soldier and Undercover Agent in 1987.  He provides
videotapes of then Lieutenant Colonel Oliver North’s testimony before a
congressional committee.

      d.  The Internal Revenue Service has been trying to collect taxes;
however, he is still owed money in the amount of $312,000.00 in back
hazardous duty pay.  Due to national security and his safety he was paid in
cash during his undercover investigations.  The only paper trail was
shredded by Oliver North during the Iran Contra scandal.

      e.  His separation date in 1982 is incorrect due to his continuous
duties as America’s bicentennial Soldier.  He was told by the Special
Forces in December 1975 that he would have a lifetime commitment to the
United States government. He has performed his duties until the present
time.  The back hazardous pay due him was seized by the investigation
committee board during the Iran Contra affair.  The money totaled over
three million dollars and was never part of the Iran Contra affair, but
part of the bicentennial investigation funds.

      f.  He still holds documents and reports that affect national
security.  When Oliver North shredded classified documents he forced him
into waiting until declassification.  He has since used his own resources
which have affected him emotionally, financially, and physically.  It has
been unjust that he has not been allowed to report the findings of the
bicentennial investigation to the President.  The whole endeavor to fulfill
his sworn military duty has shown since April 2004 a conspiracy exists to
keep him from meeting with the President.

3.  The applicant provides the 30 enclosures indicated in the list he
includes with his request.  In addition, he provides an undated three-page
petition to the United States Tax Court, an undated eleven-page statement,
a copy of a 3 November 2004 order from the United States Court of Appeals
for the District of Columbia, a copy of a 7 February 2005 letter to the
President, and a copy of a 23 February 2005 document, which the applicant
titles, “PRESS RELEASE UPDATE ON AMERICA’S BCENTENNIAL SOLDIER.”

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 February 1982.  The application submitted in this case
is dated    6 January 2005.

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 had two periods of active duty without a break in
service.  His 30 July 1978 DD Form 214 shows that he entered on active duty
on 28 January 1976 and was discharged at Fort Bragg in the pay grade of E-4
with an honorable characterization of service.  His DD Form 214 shows that
he was a tactical field wireman, and that he was awarded the Parachute
Badge.  In addition, the documents he submits shows that he completed
progressive arctic warfare training and the Noncommissioned Officer primary
leadership course.  His 26 February 1982 DD Form 214 shows that he
continued his military service beginning on 31 July 1978.  He completed the
basic law enforcement course in February 1979 and was discharged at Fort
Campbell, Kentucky in the rank of sergeant, pay grade E-5 with an honorable
characterization of service.  His       DD Form 214 shows that he was a
military policeman, and that he was awarded the Overseas Service Ribbon,
two awards of the Good Conduct Medal, Army Service Ribbon, Expert Badge M16
rifle, NCO Professional Development Ribbon, Air Assault Badge, Army
Commendation Medal, and Parachutist Badge.

4.  On 20 December 2004 the Office of the Deputy Chief of Staff G-1
informed the applicant that there was no indication that his period of
service continued past his final discharge date of 31 July 1982, and that
there was no evidence that he was owed any back pay from the government
past his discharge date of        31 July 1982.

5.  In response to his 15 September 2004 letter to the President, wherein
he requested an appropriate tribunal regarding his military compensation,
the Army Legal Services Agency on 4 November 2004 informed him that if he
believed that he was entitled to a hearing by “tribunal” or other source,
then he must first exhaust his administrative remedies.  He was advised to
apply to the Army Board for Correction of Military Records.

6.  There is no evidence regarding the existence of an individual being
named the “Bicentennial Soldier,” officially or unofficially, now or in the
past.  There is no evidence that such a designation ever existed.

DISCUSSION AND CONCLUSIONS:

1.  Despite the applicant’s contentions and the documents, video tapes, and
disc that he provides with his request, there is no evidence to show that
an individual  had ever been designated the, “Bicentennial Soldier,” or
that such a designation ever existed.  His request for this designation is
without merit, and any such designation not warranted.

2.  There is no evidence, and the applicant has not submitted any, to show
that the government owes him money.  His implied request for monies due him
is denied.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 February 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    25 February 1985.  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

__JS____  __LS ___  __KL  ___  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                 |AR20050000552                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.14                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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