RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060003659


      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. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show he was discharged in the
rank of specialist five (SP5), E-5.

2.  The applicant states that his rank was SP5 when he was discharged, but
his DD Form 214 indicates SP4.  He states that he was promoted one month
before he was discharged.

3.  The applicant provides a supplemental letter and a copy of his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 9 July 1967.  The application submitted in this case is dated 9 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 was inducted into the Army on 15 July 1965.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 31E (Field Radio Repairman).  He was
advanced to private first class on 15 March 1966.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
promoted to the temporary rank of SP4, E-4 on 14 July 1966.

5.  He underwent a separation physical examination on 26 April 1967.  His
Report of Medical Examination shows his rank as SP4, E-4.

6.  Headquarters, U.S. Army Personnel Center, Fort Hamilton, Brooklyn, New
York Special Orders Number 131, dated 7 July 1967, released the applicant
from active duty on 9 July 1967 and transferred him to the U.S. Army
Reserve Control Group.  These orders show his rank as SP4.

7.  The applicant's DD Form 214, authenticated in his own hand at the time
of his separation, shows he was released from active duty in the rank of
SP4, E-4 with a date of rank of 14 July 1966.

8.  There are no orders in the applicant's personnel records which show he
was promoted from SP5, E-5 prior to his release from active duty.

9.  The applicant was discharged from the U.S. Army Reserve Control Group
on 14 July 1971.  Letter Orders Number 06-1121335, dated 29 June 1971, show
his rank as SP4.

10.  His DA Form 20 shows he was promoted to the permanent rank of SP4, E-4

on 10 July 1967 while he was in the U.S. Army Reserve.

11.  Army Regulation 635-5 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.  It provides a brief, clear-cut record of
active Army service at the time of release from active duty, retirement or
discharge.  In pertinent part, it directed that the grade in which enlisted
personnel were serving at the time of separation would be entered in
item 5a and the pay grade will be entered in item 5b.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he was released from active duty
on 9 July 1967 in the rank of SP4, E-4.  His date of rank to SP4, E-4 is
shown as 14 July 1966.

2.  Although the applicant contends that he was promoted one month before
he was discharged, there are no orders available which show the applicant
was ever promoted to SP5, E-5 prior to his release from active duty.
Therefore, there is insufficient evidence to correct his DD Form 214 to
show his rank as SP5, E-5.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 July 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 July 1970.  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

TP______  PF______  LD______  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.




                                  Thomas Pagan__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003659                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061121                                |
|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.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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