RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              22 DEC 2005
      DOCKET NUMBER:         AR20050003826


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show in block 4a that he
retired in the rank of first sergeant (1SG).

2.  The applicant states that he was retired in the rank of 1SG and his DD
Form 214 was incorrectly prepared to reflect that he was retired in the
rank of master sergeant (MSG).

3.  The applicant provides a copy of his orders showing that he was
released from active duty in the rank of MSG and was retired in the rank of
1SG.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1996.  The application submitted in this case is
dated 7 March 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 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.  He enlisted in Chicago, Illinois, on 30 September 1970 for a period of
3 years and remained on active duty through a series of continuous
reenlistments.  He was promoted to the rank of MSG on 19 August 1988 and
was laterally appointed to the rank of 1SG on 1 September 1988.

4.  In February 1989, while serving as a 1SG, he was relieved for cause and
was laterally appointed back to the rank of MSG.

5.  On 30 November 1992, while serving in the rank of MSG, the applicant
was notified that the Calendar Year 1992 Command Sergeant Major/Sergeant
Major Promotion Board had determined that he should be barred from
reenlistment under the Qualitative Management Program due to the presence
of a “Relief for Cause” Noncommissioned Officer Evaluation Report contained
in his Official Military Personnel File.

6.  The applicant submitted an appeal to the bar to reenlistment and his
appeal was denied on 15 March 1993.  He was advised that he must retire no
later than 30 June 1993.

7.  On 30 June 1993, he was honorably released from active duty in the rank
of MSG and was transferred to the Retired List effective 1 July 1993 in the
rank of 1SG.  He had served 22 years and 9 months of total active service.

8.  On 1 October 1993, he was recalled to active duty from the Retired
Reserve and remained on active duty until he was again released from active
duty in the rank of MSG and was transferred back to the Retired Reserve.
He had served 25 years and 8 months of total active service.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the     DD Form 214.  It provides, in pertinent part, that the DD Form 214
will be prepared to reflect the active duty grade or rank in which the
individual is serving at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  At the time the applicant was released from active duty he was serving
in the rank of MSG and that rank is properly reflected on his DD Form 214
in accordance with the applicable regulations.

3.  The applicant was retired in the rank of 1SG in accordance with his
retirement orders.  However, the fact that he was retired in the highest
rank he held does not serve as a basis to change the rank in which he was
serving at the time he was released from active duty on his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1996; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 August 1999.  However, 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

_____TK   ____RD _  ___JM___  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.




            _____Ted Kanamine_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003826                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19931001                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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