RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JANUARY 2006
      DOCKET NUMBER:  AR20050004339


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 reinstating his
promotion to first lieutenant.

2.  The applicant lists his military service, noting his service in the
Dominican Republic and Vietnam, and states that all of his other team
members died from Agent Orange.  He states that in July 1969, a Colonel
from Fort Campbell, Kentucky took away his first lieutenant commission and
made him a specialist four (SP4).  After his medical retirement in July
1969, he received an Associates Degree from Pierce College in Space
Technology.  He is trying to get the Department of Veterans Affairs (VA) to
send him to Catholic Seminary School so he can become a Chaplain.  His
dream would be to join the Air Force as a Colonel and become a shuttle test
pilot or co-pilot exploring all the planets in space.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 July 1969.  The application submitted in this case is dated 12 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’s records indicate that he enlisted and entered active
duty as a Private E-1, on 12 April 1965, for a period of 3 years.  He was
honorably discharged on 7 March 1968, in the pay grade of E-3.  He
reenlisted on 25 June 1968, in the pay grade of E-2, for a period of 3
years.

4.  He served in Vietnam from April 1967 to March 1968, and again from July
1968 to February 1969.



5.  He was promoted to pay grades E-3 and E-4 on 30 June 1968 and 2 May
1969, respectively.

6.  The applicant was evacuated from Vietnam with a diagnosis of acute
schizophrenia.  On 28 March 1969, he was hospitalized at the Madigan
General Hospital Neuropsychiatric Ward.  After evaluation the medical staff
recommended that he be referred to a medical board for disposition.

7.  On 22 May 1969, a Medical Evaluation Board diagnosed the applicant as a
schizophrenic, determined he was medically unfit for further military
service, and referred him to a Physical Evaluation Board.

8.  On 28 May 1969, a Physical Evaluation Board found the applicant's
condition disabling, and recommended that he be placed on the temporary
disability retired list (TDRL).

9.  On 2 July 1969, the applicant was placed on the TDRL, and on 28
February 1972, after additional evaluation was permanently retired with a
disability rating of
50 percent, in the pay grade of E-4.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records nor did the applicant
provide documentation to substantiate his claim of being
commissioned/promoted to the grade of first lieutenant.

2.  There is no evidence of the applicant being promoted higher than pay
grade E-4; therefore, there is no justification for granting the
applicant’s request.

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 2 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 July 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

__LS____  __RB ___  __RN ___  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.




                                  _____ Linda Simmons________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004339                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|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.                      |                                        |


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