RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         24 August 2006
      DOCKET NUMBER:  AR20060001319


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 his records be corrected to
show his rank was corporal at the time of his separation.

2.  The applicant states, in effect, that he was promoted to the rank of
corporal prior to his separation.

3.  The applicant provides a copy of a letter from the Headquarters, 780th
Field Artillery Battalion, dated 1 September 1954; Headquarters, 300th
Armored Field Battalion Special Orders Number 75, dated 19 April 1954; a
copy of his Honorable Discharge Certificate; and an undated letter from the
Texas Veterans Commission in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 September 1960, the date of his discharge.  The
application submitted in this case is dated 4 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's records contain a DD Form 214 (Report of Separation
from the Armed Forces of the United States) with the effective date 17
August 1954. This form shows that the applicant completed 1 year, 10
months, and 2 days of net service during this period of enlistment.

4.  This DD Form 214 shows that the applicant was transferred to the United
States Army Reserve (USAR) in the rank of private first class (temporary)
and that he was promoted to that rank on 17 August 1953.

5.  The applicant's records contain a letter, dated 8 September 1954, from
the applicant to the Military Records Center, St. Louis, Missouri.  In this
letter, the applicant states that he recently separated from the Army and
that his rank was incorrectly annotated on his DD Form 214.  The applicant
continues that he had been promoted to the rank of corporal in April 1954.

6.  The applicant further stated that the reason his DD Form 214 was not
annotated correctly was that at Fort Bliss, his place of separation,
personnel were reluctant to release him with the rank of corporal because
the orders were not in his records jacket.  The applicant continues that he
presented several other documents which identifies his rank as corporal at
the time of his separation and that the personnel would not identify his
rank as corporal on his separation document without the orders.

7.  The applicant's records contain a TAGO Form 108 (Record of
Determination), dated 12 October 1954, which shows that he was promoted to
the grade of corporal (temporary) on 19 April 1954 per paragraph 1 of
Special Orders Number 1975, dated 19 April 1954 and that he held that grade
at the time of his release.

8.  Headquarters, 708th Field Artillery Battalion letter, dated 1 September
1654, shows that the applicant was notified that copies of the orders
promoting him to the rank of corporal were enclosed.

9.  Headquarters, 300th Armored Field Artillery Battalion Special Orders
Number 75, dated 19 April 1954, show that the applicant was promoted to the
rank of corporal (Temporary)/pay grade E-4 in the Army of the United
States.

10.  The applicant provided a copy of his Honorable Discharge Certificate
from the Army of the United States.  This Certificate shows that the
applicant was discharged from USAR on 30 September 1960 in the rank of
private first class/pay grade E-3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show his
rank was corporal at the time of his separation.

2.  Orders show that the applicant was promoted to the rank of corporal on
19 April 1954.

3.  Evidence of records show that the applicant was not provided copies of
his promotion orders prior to his transfer to the USAR on 17 August 1954.
As a result, his separation document incorrectly reflects his grade as
private first class.

4.  There is no evidence in the available records showing that the
applicant was downgraded to the rank of private first class prior to his
discharge from the USAR on 30 September 1960.

5.  Based on the foregoing, there is sufficient evidence to amend the
applicant's records to show that he was promoted to the rank of corporal on
19 April 1954 and that he continued to serve in this rank until his
separation on 30 September 1960.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1960; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 September 1963.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
(evidence or argument), it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

_JRM___  _RCH___  _SWF___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he was promoted to the
rank of corporal on 19 April 1954 and that he continued to serve in this
rank until his separation on 30 September 1960.





                                     _Jeanette R. McCants___
                                                CHAIRPERSON


                                    INDEX

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


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