RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060001122


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawly A. 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, in effect, that the grade shown on his DD Form
214, Armed Forces of the United States Report of Transfer or Discharge, be
changed to reflect pay grade, E-5.

2.  The applicant states, in effect, that he feels it should be changed
because he fought bravely in Vietnam and the change is owed to him.

3.  In support of his request, the applicant provides a copy of his DD Form
214 and a copy of the special orders which reassign him from the US Army
Personnel Center, Fort Lewis, Washington, to the US Army Reserve Control
Group (Annual Training), on 16 December 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 15 December 1969, the date he was released from active
duty.  The application submitted in this case is dated 20 January 2006.

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 limitation 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 record shows he was inducted into the Army of the
United States on 14 May 1968.  The applicant successfully completed basic
combat training at Fort Jackson, South Carolina, and advanced individual
training at Fort Sill, Oklahoma.  On completion of his advanced training,
he was awarded the military occupational specialty (MOS), 13A, Field
Artillery Basic.

4.  The applicant volunteered for and successfully completed Basic Airborne
Training and was awarded the Parachutist Badge on 24 October 1968.

5.  Item 33 (Appointments and Reductions), of the applicant's DA Form 20,
Enlisted Qualification Record, shows the applicant was advanced to the
rank/pay grade, Specialist Four (SP4)/E-4 on 6 March 1969.  Item 2 (Grade)
and Item 3
(Date of Rank), of the applicant's DA Form 20, reflect the same
information.  This would be the highest rank and pay grade the applicant
would attain while he served on active duty.  The applicant's MOS, 13A, was
withdrawn and he was awarded the MOS 13E, Field Artillery Operations and
Intelligence Assistant, on this same date.

6.  The applicant's service personnel records confirm, as attested to by
the applicant, that he served in Vietnam.  The applicant served in Vietnam
from 24 November 1968 until 14 December 1969, when he was returned to the
United States to be released from active duty.

7.  The applicant was released from active duty on 15 December 1969, under
the provisions of Army Regulation 635-200, Chapter 5, Section VII, Early
Release of Overseas Returnee, in the rank/pay grade, Specialist Four/E-4.
On the date of his discharge, the applicant had completed 1 year, 7 months,
and 2 days, total active military service.

8.  Item 5a. (Grade, Rate or Rank), of the applicant's DD Form 214, shows
the rank SP4 (T).  Item 5b. (Pay Grade), of the applicant's DD Form 214,
shows he was released from active duty in pay grade E-4.

9.  Item 32 (Signature of Person being Transferred or Discharged), of the
applicant's DD Form 214, has the applicant's signature.

10.  The Office of the Adjutant General, US Army Reserve Components
Personnel and Administration Center, St. Louis, Missouri, published Letter
Orders Number 04-1160883, on 24 April 1974, discharging the applicant from
the USAR Control Group, Standby.  The rank shown on these orders for the
applicant is SP4 (Specialist Four).

11.  On 11 January 1983, the applicant enlisted in the Army National Guard
of Georgia.  Item 24 (Military Service), of the DD Form 1966/2, Application
for Enlistment – Armed Forces of the United States, shows information
volunteered by him before he could be accepted for enlistment.  This
information showed he had served in the Army and had been honorably
discharged/released from active duty in pay grade E-4.

12.  The applicant served in the Army National Guard and was honorably
discharged on 14 June 1985.  The NGB Form 22, National Guard Bureau Report
of Separation and Record of Service, he was provided on his discharge shows
his rank, pay grade, and date of rank to be:  SP4/E-4/6 March 1969, the
same rank, pay grade, and date of rank shown on his DD Form 214, with an
effective date of 15 December 1969.

13.  A review of all document on file in the applicant's service personnel
records failed to produce a copy of orders promoting the applicant to the
pay grade E-5.  The applicant also did not provide the Board a copy of
orders promoting him to the rank of Specialist Five (SP5, E-5).

14.  Special Orders 349, paragraph 452, the applicant provided in support
of his request, show in the standard name line he was reassigned to the
Reserve in the rank/pay grade SP5/E-5.  In the "For The Individual" section
of these orders it shows the following entry, "Reserve grade, basic branch,
component:  SP5 ARTY USAR."

15.  On 1 May 1974, the applicant was honorably discharged from the US Army
Reserve, in accordance with AGUZ-RAD Letter Orders Number 04-1160883, US
Army Reserve Components Personnel and Administration Center, St. Louis,
Missouri.  These orders show the applicant was discharged in the rank/pay
grade, Specialist Four/E-4.

16.  AR 635-5 prescribes the separation documents that must be prepared for
Soldiers on retirement, discharge, release from active duty service, or
control of the Active Army.  It establishes standardized policy for
preparing and distributing the DD Form 214.  The instructions for the
completion of Item 5 a. are, "Enter grade in which serving at time of
separation, indicating whether permanent or temporary.  Example:  'MSG (P)'
or 'MSG (T)'."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the highest verifiable rank and pay grade the
applicant attained while he served on active duty was SP4, E4.  Items 2 and
3 and 33, of the applicant's DA Form 20, are in agreement.  These items
show the applicant's rank and pay grade on the date of his release from
active duty was SP4, E4.

2.  There are no orders in the applicant's service personnel records
promoting him to the rank/pay grade, SP5/E-5.  The applicant provided no
orders promoting him to the rank/pay grade SP5/E-5 while he served on
active duty.  It appears that keeping promotion orders, if published, would
have been far more important than keeping orders reassigning him to the
Reserve.

3.  The special orders that were published to reassign the applicant to the
Army Reserve show the applicant's rank to be SP5; however, it is logical to
assume that an error was made when the orders were published.  This is more
logical considering that it is apparent the error was detected and he was
discharged from the Reserve in the rank, SP4, at the completion of his
service obligation under the Universal Military Training and Service Act.

4.  The applicant's signature on the DD Form 214 is indicative of the fact
he reviewed the information recorded on the form and found it to be
correct, to the best of his knowledge.

5.  The evidence also shows that the applicant enlisted in the Georgia Army
National Guard after his Regular Army service.  Item 24, of the DD Form
1966/2, shows information volunteered by him before he could be accepted
for enlistment in the Georgia Army National Guard.  This information showed
he had served in the Army and had been honorably released from active
duty/discharged in pay grade E-4.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

7.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 15 December 1969; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 14 December 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

__ALR___  __QAS__  ___LB___ 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.




                                  _____Allen L. Raub ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001122                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.   302                |129.0000                                |
|3.   307                |129.0500                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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