RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050002642


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 correction of his DD Form 214 (Report of
Separation from Active Duty) to show his rank as major (MAJ).

2.  The applicant states, in effect, that his DD Form 214 should show his
rank as MAJ.

3.  The applicant provides a copy of his DD Form 214 and his promotion
orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 February 1977.  The application submitted in this case is
dated 7 February 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 initially served as an enlisted Soldier in the Regular
Army from November 1963 to August 1965.  He was appointed as a commissioned
officer in the U.S. Army Reserve on 31 August 1965 with concurrent call to
active duty.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he
was promoted to captain (CPT) on 1 January 1968 as a member of the Army of
the United States (AUS).

5.  Department of the Army, United States Army Regional Personnel Center,
Frankfurt Orders 153-12 dated 30 November 1976 released the applicant from
active duty on 13 February 1977.  His rank on the standard name line shows
"CPT."

6.  Item 6a (Grade, Rate or Rank) on the applicant's DD Form 214 shows his
rank as CPT.

7.  The applicant provided a promotion letter dated 18 July 1978 which
shows he was promoted to MAJ effective on 29 August 1978.
8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty on 13 February 1977 in the
rank of CPT.

2.  Although the applicant provided a letter of promotion which indicates
he was promoted to MAJ, he was promoted to MAJ after he was released from
active duty.

3.  The applicant's DD Form 214 is meant to reflect his status as of his
last day of active duty on 13 February 1977.  As of that date, he was a
CPT.  Therefore, his DD Form 214 accurately reflects his rank as CPT.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 February 1977; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 February 1980.  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

TH______  JI______  CD______  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.




                                  Thomas Howard_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002642                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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