RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 April 2007
DOCKET NUMBER: AR20060013214
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
Mrs. Phyllis M. Perkins
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Michael J. Flynn
Member
Mr. Edward E. Montgomery
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 military records be corrected to show his rank and pay grade as specialist/E-4.
2. The applicant states that his rank is incorrect.
3. The applicant provides Headquarters United States Army Infantry Center (Fort Benning, Georgia) Number 326, dated 21 November 1968, in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 22 November 1968, the date of his discharge. The application submitted in this case is dated 1 September 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 applicants failure to timely file.
3. The applicant's service personnel records show the applicant enlisted in the Regular Army on 7 August 1968, at the age of 17 with parental consent, for a period of three years. Records show he entered basic training and his military occupational specialty (MOS) was 09B00 (Basic Trainee). The highest rank he attained while serving on active duty was private/pay grade E-1.
4. Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry private/pay grade E-1.
5. On 22 November 1968, the applicant was honorably released from active duty after completing 3 months and 16 days of active military service. The DD
Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at that time shows in item 5 (Grade, Rate or Rank) his rank and pay grade as PVT(P).
6. Item 32 (Signature of Person being Transferred or Discharged) of the DD Form 214 show the applicant authenticated this document in his own hand.
7. There are no orders in the applicant's records which show he was promoted to the rank of specialist /pay grade E-4.
8. Headquarters United States Army Infantry Center Order Number 326, dated 21 November 1968, identify the applicant as a private/pay grade E-1.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his rank is incorrectly shown in his records.
2. Evidence of records show the applicant only served 3 months and 16 days on active duty. He was in a trainee status at the time of his discharge and the highest rank he held was private/pay grade E-1.
3. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he was promoted to the rank of specialist/pay grade E-4.
4. 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.
5. In view of the foregoing, there is no basis to grant the applicant's request in this case.
6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 November 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 21 November 1971. 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
_MJF_ __ _EEM___ _CLG___ 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.
_Curtis L. Greenway__
CHAIRPERSON
INDEX
CASE ID
AR20060013214
SUFFIX
RECON
DATE BOARDED
2007/04/12
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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