RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 DECEMBER 2005
      DOCKET NUMBER:  AR20050003860


      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. Bernard Ingold                |     |Chairperson          |
|     |Mr. Donald Steenfort              |     |Member               |
|     |Mr. Edward Montgomery             |     |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 by showing he was
separated in the pay grade of E-3.

2.  The applicant states that he was medically discharged in December 1984,
at the time he was on the promotion list to E-3.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), and a copy of his DA Form 199
(Physical Evaluation Board Proceedings) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 December 1983.  The application submitted in this case is
dated 7 March 2004, which appears to be in error since he indicates on his
DD Form 149 (Application for Correction of Military Records) that the date
of discovery of the alleged error or injustice was on 1 March 2005.  The
application was received for processing on 16 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 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 Regular Army on 21 April 1981, for a
period of
3 years.  He served in Germany from November 1981 to April 1983.

4.  The applicant’s DA Form 2-1, indicates he was last promoted to pay
grade
E-2 on 21 October 1981.

5.  On 16 March 1983, the applicant accepted nonjudicial punishment under
the provisions of Article 15, Uniform Code of Military Justice for striking
another Soldier in the mouth.  His punishment was reduction to the grade
Private E-1, extra duty, restriction (suspended), and a forfeiture of pay
(suspended).

6.  On 20 October 1983, a Medical Evaluation Board diagnosed the applicant
with schizophreniform disorder and referred his case to a Physical
Evaluation Board (PEB) for disposition.

7.  The PEB determined that the applicant was unfit for duty and placed him
on the Temporary Disability Retired List effective 23 December 1983, in the
grade of Private E-1, with a 30 percent disability for schizophreniform
disorder.  His separation document shows he was discharged in pay grade E-1
and that his date of rank for that grade was 16 March 1983.

8.  On 10 December 1985, the applicant was removed from the TDRL and
discharged from the service in the grade of Private E-1, because of
permanent physical disability, with a disability rating of 10 percent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was last promoted to pay grade E-2 on 21 October 1981 and
was reduced to pay grade E-1 on 16 March 1983, as the result of Article 15
punishment.

2.  There is no evidence in the available records, nor did the applicant
provide any documentation to substantiate his claim that at the time of his
discharge he was on a promotion list for pay grade E-3.

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 23 December 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 December 1986.  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

__BI ____  __DS ___  ___EM __  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.




                                  _____ Bernard Ingold______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003860                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051206                                |
|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.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]