RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 April 2007
      DOCKET NUMBER:  AR20060012915


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 United States Army Reserve
(USAR) discharge documents be corrected to show he held the rank as
specialist four (SP4) at the time of his 21 August 1968 discharge.

2.  The applicant states, in effect, that he believes he was unjustly
reduced upon his release from the USAR.  He claims that while serving in
the USAR, he was going through a hardship.  He had cattle to attend to, and
he also had to help his family with farm work.  He states that he proudly
served his country and continues to pray for this Nation we are blessed
with.  He states that his health is poor and his wish is to have his
military records show his rank as SP4.

3.  The applicant provides a self-authored statement and active duty
separation document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 August 1968, the date of the applicant's discharge from
the USAR.  The application submitted in this case is dated 31 August 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 record shows that he was inducted into the Army and
entered active duty on 22 August 1962.  He served on active duty for 2
years until being honorably released from active duty (REFRAD) and
transferred to the USAR on 21 August 1964.  The DD Form 214 he was issued
at the time shows he held the rank of SP4, which he had attained on 15
February 1964, at the time of his separation.  It also shows that the
terminal date of his Reserve obligation was
21 August 1968.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of a
packet containing the specific facts and circumstances surrounding the
applicant's reduction for inefficiency.  However, it does contain Company
B, 2nd Battalion, 35th Infantry Regiment, Rio Grande City, Texas, Unit
Orders Number 2, dated
5 March 1965.  These orders reduced the applicant to PV2 for inefficiency,
effective 5 March 1965.

5.  On 12 March 1965, the applicant's unit commander completed a Report of
Unsatisfactory Participation Memorandum pertaining to the applicant.  It
stated that the applicant had failed to participate satisfactorily in
Reserve duty training and had accrued a total of 10 unauthorized absences
during his retirement year ending on 21 August 1965.  The unit commander
further indicated that a written statement from the applicant was not
available because he had refused to attend scheduled drills.  The unit
commander further indicated that the applicant had commented that he did
not have to attend drills because he knew other Reservists who were
obligated as he was and were not attending.  The unit commander further
indicated the applicant was unemployed at the time and recommended 45 days
of active duty.

6.  An Active Duty Report (DD Form 220) shows the applicant served on
active duty from 2 May through 15 June 1965.

7.  On 22 August 1967, the applicant was transferred to the USAR Control
Group (Standby) based on the completion of his Ready Reserve obligation.

8.  The applicant's MPRJ is void of any documents regarding the applicant's
ultimate discharge from the USAR and the applicant failed to provide these
documents with his application.

9.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion,
and Reduction), in effect at the time of the applicant's reduction,
prescribed the policies and procedures governing the classification,
advancement, promotion, reduction, and grade restoration of USAR Soldiers.
It provided procedures for reducing members for inefficiency, which was
defined as a demonstration by an individual of distinctive characteristics
which showed the inability to perform the duties and responsibilities of
the grade and MOS.  This could include any act or conduct that clearly
showed the Soldier lacked the abilities and qualities required and expected
of a person of that grade and experience.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record is void of a reduction packet containing the
specific facts and circumstances surrounding the applicant's reduction to
PV2 of inefficiency.  However, it does contain properly constituted Unit
Orders that directed the applicant's reduction for inefficiency, effective
5 March 1965.  As a result, there is a presumption of regularity in the
reduction process.  Lacking evidence to the contrary, it is concluded the
applicant's reduction was accomplished in accordance with the applicable
regulation.  All requirements of law and regulation were met, and the
rights of the applicant were fully protected throughout the reduction
process.

2.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1968, the date of his USAR
discharge.  Therefore, the time for him to file a request for correction of
any error or injustice expired on 20 August 1971.  He failed to 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

___JEV  _  __PHM__  __GJP __  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.




                                  _____James E. Vick______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012915                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/08/21                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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