RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 December 2005
      DOCKET NUMBER:  AR20050005803


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) with an effective date of 20 April
1972 be corrected to read Specialist Five (SP5)/E-5.

2.  The applicant states, in effect, that he separated from active duty on
20 April 1972 in the rank of Specialist Four (SP4)/E-4.  He further states
that he was promoted to SP5 prior to his separation from the Army Reserve
in 1975 and that his rank needs to be corrected on his DD Form 214.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred around September 1975.  The application submitted in this case is
dated 20 April 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 30 September 1969 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 51K (Plumber).  The
applicant was honorably released from active duty on 20 April 1972 and
transferred to the U.S. Army Reserve after completing 2 years, 6 months,
and 21 days of creditable active service.

4.  The applicant's DD Form 214 with the effective date of 20 April 1972
shows the entry of "SP4" in item 5a (Grade, Rate or Rank), the entry of "E-
4" in item 5b (Pay Grade), and the entry "29 Oct 70" in item 6 (Date of
Rank).

5.  Item 33 (Appointments and Reductions) of the applicant’s DA Form 20
(Enlisted Qualification Record) show the applicant was promoted to the rank
of SP4/E-4 on 29 October 1970.

6.  There are no special orders in the applicant's service personnel
records promoting him to SP5/E-5 while he was on active duty.

7.  Army Regulation 635-5 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.  Evidence of record shows that the applicant was honorably released from
active duty on 20 April 1972.  He was then transferred to the U.S. Army
Reserve in the pay grade of SP4/E-4.

2.  The applicant states while serving in the U.S. Army Reserve he was
promoted to SP5/E-5.  Army Regulation 635-5 states that the DD Form 214
covers a Soldier's most recent period of continuous active service.  It
appears that the applicant's promotion was after his separation from active
duty.  Therefore, his DD Form 214 with the ending period 20 April 1972 is
correct which shows he was promoted on 29 October 1970 to the rank of SP4/E-
4.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration around September 1975; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired around September 1978.  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

__BPI___  __ DWS_  __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.




                                  ____ Mr. Bernard P. Ingold ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005803                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |6 December 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.0700.0000                           |
|2.                      |100.0500.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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