RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060001306


      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:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 showing he was
promoted to the pay grade of E-4.

2.  The applicant states that he was promoted to the pay grade of E-4 on
15 August 1960, as shown on his DA Form 20 (Enlisted Qualification Record).


3.  The applicant provides a copy of his DA Form 20 and a copy of his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 January 1961.  The application submitted in this case is
dated14 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 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 19 March 1958, for a
period of 3 years, in the pay grade of E-1.

4.  He was promoted to the pay grade of E-2 and E-3 on 19 July 1958 and
3 December 1958, respectively.

5.  The applicant's DA Form 24 (Service Record), covering the period 19
March 1958 to 12 January 1961, shows his highest rank as E-3.

6.  His DA Form 20 (Enlisted Qualification Record) shows he was promoted to
Specialist Four, effective 15 August 1960.  However, his Enlisted Personnel
Data Sheet, dated 2 November 1960, shows his grade as Private First Class
(PFC),
E-3.


7.  The applicant's expiration term of service Report of Medical
Examination and his Report of Medical History show his grade as PFC, E-3.

8.  The applicant was honorably discharged on 12 January 1961, under the
provisions of Army Regulation 635-205, to attend school.  His DD Form 214
indicates he was separated in the grade and rank of PFC, E-3.  The
applicant signed his DD Form 214 authenticating its accuracy.

9.  U.S. Army Reserve transfer documents and assignment orders published
after his separation shows his grade as E-3.

10.  There is no documentation to include pay vouchers in the applicant's
records to confirm that he was recommended for or promoted to pay grade E-
4.

11.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
provided that all available records will be used for preparing the DD Form
214, including the DA Form 24 (Service Record), and the DA Form 20
(Enlisted Qualification Record).  The individual being separated will sign
in item 34 of the DD Form 214 in the presence of the officer signing in
item 35b.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a copy of his DA Form 20 that lists in item
33 (Record of Assignments) his grade as Specialist Four, with an effective
date of 15 August 1960.  However, there are no promotion orders or other
documents to substantiate this promotion.

2.  There is no evidence, such as a leave and earning statement, to verify
that the applicant was in fact promoted to E-4 on 15 August 1960.  Further,
there are several documents dated after 15 August 1960 that show his grade
as E-3 and not E-4.

3.  The applicant signed his DD Form 214 at the time of his separation,
attesting to its accuracy which showed his grade as PFC (P) E-3.

4.  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.




5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 January 1961; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
11 January 1964.  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

___PM __  __RS ___  ___DH __  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.




                                  _____Patrick McGann________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001306                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|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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