RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050007351


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBraler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 correction of item 5a (Grade, Rate or Rank) on
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) to show his rank as specialist four (SP4).

2.  The applicant states that his DD Form 214 shows his rank and pay grade
as private first class (PFC), E-3, but he was a SP4, E-4 at the time of his
discharge.

3.  The applicant provides a VA Form 29-8286 (Servicemen's Group Life
Insurance Election), his Military Pay Voucher for pay period 1 through 31
May 1971, and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 August 1971.  The application submitted in this case is
dated 10 May 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 was inducted into the Army on 27 August 1969.  He
completed the required training and was awarded military occupational
specialty 13A (Field Artillery, Basic).  He was assigned to Vietnam on 25
January 1970.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was
promoted to PFC, E-3 on 27 January 1970 by Headquarters, 1st Cavalry
Division (Air Mobile), Special Orders Number 29 dated 1970.

5.  He departed Vietnam on 14 December 1970 and was reassigned to Fort
Sill, Oklahoma.

6.  The applicant completed a Servicemen's Group Life Insurance Election
Form on 27 January 1971 and indicated his rank and pay grade as SP4, E-4.



7.  Headquarters, 75th Field Artillery Group, Special Orders Number 29
dated
29 January 1971 authorized the applicant separate rations.  These orders
show his rank as SP4 on the standard name line.

8.  The applicant's service personnel records contain a Chronological
Record of Medical Care (Standard Form 600) which shows he was treated at
the Troop Clinic Number 6 at Fort Sill on 13 May 1971.  This medical
document shows his rank as SP4.

9.  The applicant's Military Pay Voucher for the pay period 1 through 31
May 1971 shows his pay grade as E-4.

10.  On 2 June 1971, the applicant completed a Statement of Medical
Condition which shows his rank as PFC.

11.  The applicant's service personnel records contain a Radiographic
Report (Standard Form 519-A) which shows he was treated at the Emergency
Room at Reynolds Army Hospital at Fort Sill, Oklahoma on 17 June 1971.
This medical document shows his pay grade as E-4.

12.  On 1 July 1971, the applicant underwent a separation physical
examination. His Report of Medical Examination shows his rank as SP4.

13.  Headquarters, U.S. Army Field Artillery Center and Fort Sill, Special
Orders Number 223, dated 11 August 1971 released the applicant from active
duty on 27 August 1971 in the rank of PFC.  These orders indicate the
number of years of service at pay grade E-4 as "NA."

14.  Item 5a on his DD Form 214 shows his rank as "PFC" and item 5b shows
his grade as "E-3."

15.  Army Regulation 635-5 (Separation Documents) 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.  Special orders show the applicant was released from active duty on
27 August 1971 in the rank of PFC, E-3.
2.  Although there are documents which reflect his rank as SP4, the DD Form
214 is meant to reflect his status as of his last day of active duty on 27
August 1971.  As of that date, the preponderance of evidence shows his rank
was PFC, E-3.  Therefore, his DD Form 214 appears to accurately reflect his
rank as PFC, E-3.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 August 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 August 1974.  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

KW______  DD______  QS______  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.




                                  Kenneth Wright________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007351                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.9243                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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