RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003157


      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. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 he retired
in the grade of Command Sergeant Major (CSM) and not Staff Sergeant Major
(SSM).

2.  The applicant states that the mistake should be corrected so his
records can be correct.

3.  The applicant provides a copy of his retirement orders and a copy of
his DD Form 214 (Armed Forces of United States Report of Transfer or
Discharge), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 1969.  The application submitted in this case is dated
8 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 enlisted in the Army National Guard on 8 November 1939
and enlisted in the Regular Army on 13 February 1946 where he served until
his retirement on 30 April 1969.

4.  The applicant was promoted through the ranks to the grade of Sergeant
Major, pay grade E-9 on 11 April 1967.  The applicant was given the
position title of Staff Sergeant Major (SSM) on 11 April 1967 in
conjunction with his promotion, and duty position.

5.  The term “Staff” Sergeant Major (SSM) was used during the period in
question to differentiate between that and “Command” Sergeant Major (CSM),
which were both serving in the pay grade of  E-9.



6.  The applicant’s 20 April 1969 separation document shows he was
separated in the rank of SSM, pay grade E-9, under the provisions of Title
10, USC section 3914, retirement with over 20 years of service.  His MOS
(military occupational specialty) was recorded as 11G5H.

7.  Command Sergeant Major is a position title which designates the senior
NCO (noncommissioned officer) of the command at battalion or higher level.
The CSM insignia was authorized by a DA message in May 1968.  The CSM
carries out policies and standards and advises the commander on the
performance, training, appearance, and conduct of enlisted Soldiers.
Appointment as a CSM is accomplished via a centralized selection board at
Department of the Army level.

8.  During the period in question, nominees for selection to CSM were
announced in Department of the Army Circulars.  Individuals selected for
CSM were awarded the MOS of 00Z50, and were required to sign a statement
acknowledging that they would be subject to world wide assignment.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant’s available records nor did he
provide documentation to substantiate his claim that he was selected as a
CSM.

2.  There is no evidence in his records that show he was considered by a
CSM Selection Board, or that his MOS was changed to 00Z50.  At the time of
his retirement his MOS was 11G5H.

3.  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 that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         29 April 1972.  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

__SK ___  __MM ___  __LD ___  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.




                                  ______Stanley Kelley_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003157                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051129                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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