RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060014091 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John N. Sloane

Chairperson

Mr. David K. Haasenritter 

Member

Mr. John G. Heck

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 that he was separated in the pay grade of E-4 instead of E-3.

2.  The applicant states, in effect, that he should have been separated in the pay grade of E-4 instead of E-3.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 11 March 1967, the date of his release from active duty.  The application submitted in this case is dated 25 September 2006 but was received for processing on 4 October 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 he was inducted into the Army of the United States on 14 April 1965, in the pay grade of E-1.  The applicant successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Gordon, Georgia.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 95B, Military Policeman.

4.  The applicant was advanced to pay grade E-2 on 14 August 1965 and was promoted to pay grade E-3 on 6 January 1966.   



5.  The applicant served until he was honorably released from active duty on 11 March 1967.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He continued to serve until he was discharged from the USAR in the rank of "PFC."

6.  Item 5a (Grade, Rate or Rank), of the applicant's DD Form 214, shows the entry "PFC (P)" (Private First Class/P [permanent]), and item 5b (Pay Grade), shows the entry "E-3."

7.  Item 25 (Education and Training Completed), of his DD Form 214, shows the entry "16 Years-Forestry."

8.  Item 32 (Civilian Education), of the applicant's DA Form 20 shows the entry, Michigan State U (University), East Lansing, Mich/BS [Bachelor of Science] (Forestry)/64 (1964).

9.  The applicant provided a copy of his college transcripts to show he was enrolled at the Michigan State University and was granted a Bachelor of Science Degree in Forestry, on 4 September 1964. 

10.  A review of the applicant's records failed to show that he was ever advanced or promoted to pay grade E-4. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he was inducted in pay grade E-1 on 14 April 1965, was advanced to pay grade E-2 on 14 August 1965, and promoted to pay grade E-3 on 6 January 1966.  

2.  The evidence of record shows that the applicant completed his Bachelor of Science degree in Forestry, on 4 September 1964, prior to his induction.  There is no evidence to show that he was advanced or promoted to pay grade E-4 prior to his release from active duty.  He also continued to serve in the pay grade of  E-3 while serving in the USAR.

3.  By virtue of the applicant's Bachelor of Science degree in Forestry, he was entitled to enlist in the pay grade of E-3, with advancement to E-4 after 4 months of active duty military service and with a recommendation from the unit commander; however, there is no evidence he enlisted in the Regular Army.  



4.  Based on the foregoing, the applicant is not entitled to correction of his records to show that he was entitled to, in effect, or was separated in the pay grade of E-4.  

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

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 March 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 March 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

_JH_____  ___S____  __DKH__  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.




_____John N. Sloane_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014091
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670311
DISCHARGE AUTHORITY
AR  635-200
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.