RECORD OF PROCEEDINGS

	IN THE CASE OF:  

BOARD DATE:           18 December 2003                  
	DOCKET NUMBER:   AR2003088034

	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	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 that his records be corrected to show that he was a sergeant (SGT) (E-5) not a specialist five (SP5) (E-5).

2.  The applicant states that he was made a sergeant (E-5) on 23 June 1968.  He indicates that he discovered the error on 20 September 2000.

3.  The applicant provides a letter to his wife with the return address listing him as a sergeant and six photos of himself and/or his uniform showing sergeant not specialist five insignia.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 7 January 1969.  The application submitted in this case is dated 20 February 2003.  

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 limitation 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 entered active duty on 17 January 1967 and was released from active duty on 7 January 1969.

4.  His DA Form 20 (Enlisted Qualifications Record) shows at item 2 (Grade) SP5 E-5 and at item 33 (Appointments and Reductions) that he was promoted to SP5 E5 (T). 

5.  His record contains two copies of DA Forms 428 (Application for Identification Card).  The first, dated 23 January 1967 shows him as a private.  The second, dated 28 October 1968 shows him as a SP 5.

6.  Special Orders Number 357 shows he was awarded the Purple Heart on 10 November 1968 as a SP5.

7.  Headquarters, US Army Personnel Center, Special Orders 7, dated 7 January 1969, list the applicant as being released form active duty with the rank of SP5.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the return address and photos, the applicant has not provided any official documentation to support his contention that he was made a sergeant on or after 23 June 1968.

2.  There is no evidence in his official record that the applicant was officially converted from specialist five to sergeant.  Without some indication that he met the requirements for the designation as sergeant, correction of his records is not warranted.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 7 January 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6. January 1972. However, 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 file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __JEA___  ___YM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not 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.  

		_ Raymond V. O’Connor, Jr,__
		        CHAIRPERSON

INDEX

CASE ID	AR2003088034	
SUFFIX		
RECON		
DATE BOARDED	20031218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	129	
2.		
3.		
4.		
5.		
6.