RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 MARCH 2006
      DOCKET NUMBER:   AR20050007333


      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. Richard Dunbar                |     |Chairperson          |
|     |Ms. Jeanette McPherson            |     |Member               |
|     |Mr. David Tucker                  |     |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 he be advanced to the rank of major on the
Retired List.

2.  The applicant states that he was promoted to the rank of major in the
United States Army Reserve (USAR) and should have been advanced to the
highest grade he held in his Reserve status, which was major.

3.  The applicant provides a copy of his USAR identification card showing
the rank of major, copies of orders showing his attendance at the Command
and General Staff Course (C&GSC), and a letter showing his consideration
for promotion to the rank of lieutenant colonel (LTC).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1988.  The application submitted in this case is
dated 22 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.  After serving 11 years, 8 months and 13 days in the Nevada Army
National Guard, he was honorably discharged in the pay grade of E-6 on 8
November 1966.  He enlisted in the Regular Army on 9 November 1966 and on 5
February 1968, upon graduation from Officer Candidate School (OCS), he was
honorably discharged in the pay grade of E-6 to accept a commission as an
officer in the Army.

4.  He was commissioned as a USAR second lieutenant on 6 February 1968,
with a concurrent call to active duty as an air defense officer.  He was
promoted to the rank of captain on 6 February 1970 and on 17 July 1972, he
was honorably released from active duty due to reduction in strength.  He
was transferred to the USAR Control Group (Standby) and at the same time,
he enlisted in the Regular Army in the pay grade of E-6 for a period of 3
years.
5.  He continued to serve through a series of continuous reenlistments and
was promoted to the pay grade of E-9 on 9 December 1983.  Meanwhile, he was
promoted to the rank of major in the USAR on 25 May 1979.

6.  On 30 August 1988, the applicant submitted an Application for Voluntary
Retirement (DA Form 2339) requesting retirement for length of service
effective 1 January 1989.  At the time he submitted his application he
indicated that the highest grade he held on active duty was the pay grade
of E-9.

7.  His request was approved by the appropriate authority at Arlington Hall
Station and on 31 December 1988, he was honorably released from active duty
and was transferred to the Retired List in the pay grade of E-9, effective
1 January 1989.  He had served 23 years, 1 month and 29 days of total
active service and had 33 years, 10 months and 4 days of service for pay
purposes.

8.  On 2 November 1995, the date he attained 30 years of active service and
service on the Retired List, he was advanced to the rank of captain (O3-E)
on the Retired List.

9.  A review of the applicant’s Official Military Personnel File fails to
show that he served on active duty in the rank of major.

10.  Title 10, United States Code, provides, in pertinent part, that
enlisted personnel may be advanced in grade to the highest grade
satisfactorily held while on active duty, as determined by the Secretary of
the Army, upon completion of 30 years of service.  This service may consist
of combined active service and service in the USAR Control Group (Retired).
 Satisfactory service for retirement in the rank of major required a
minimum of 6 months of active duty in that rank.

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 that requirement.

2.  In order to be advanced to a higher grade on the Retired list, the
applicant must have at some time been advanced to and served on active duty
in a higher grade prior to his being placed on the Retired list and must
have a combined total of 30 years of service (active and/or service on the
Retired list).  The applicant did not serve on active duty in the rank of
major and therefore is not eligible for advancement to that grade on the
Retired list.  However, he has been properly advanced to the rank of
captain on the Retired list, the highest grade he satisfactorily served in
while on active duty.  Therefore, there appears to be no basis for further
advancement on the Retired list.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 November 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 November 1998.  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

___RD __  ___JM __  ___DT___  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.




                                  _____Richard Dunbar_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007333                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060309                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19890101                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 12                       |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |319/ADV GRD                             |
|1.131.0900              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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