RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 MAY 2004
      DOCKET NUMBER:   AR2003096987


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Mae Bullock                   |     |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, in effect, that his date of birth on his
September 1976 National Guard Bureau Form 22 (Report of Separation and
Record of Service in the Army National Guard of California) be corrected to
show he was born in 1956 vice 1957.  He asks that the zip code be added to
his address in item 11 (permanent address for mailing purposes) on that
same form.  The applicant also asks that his National Guard service be
reflected in the service computation portion of his 1979 Department of
Defense Form 214 (Report of Separation from Active Duty).

2.  The applicant states, in effect, that the information is either missing
or incorrect on his two separation documents and that he needs the
information corrected in order to “get a form for other use of applicants.”

3.  The applicant provides a copy of his 1976 National Guard Bureau
separation form and his 1979 Department of Defense Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
25 May 1979.  The application submitted in this case is dated 28 August
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.  Records available to the Board indicate that the applicant was a member
of the California Army National Guard for a period of 9 months and 27 days
between 1 December 1975 and 27 September 1976.  His separation document
indicates his date of birth as 30 October 1957.  Item 11 on that form
reflects his permanent mailing address after separation but the zip code
was omitted.  The applicant’s permanent mailing address in 1976 at the time
he was discharged from the Army National Guard is also the applicant’s
current mailing address.  The zip code for that address is 90305.

4.  On 22 February 1979 the applicant enlisted in the United States Army
Reserve for a period of 6 years under the Army’s Delayed Entry/Enlistment
Program (DEP).  He was discharged from the United States Army Reserve after
29 days and entered active duty on 21 March 1979.

5.  The applicant’s enlistment documents, as well as other documents
throughout his Official Military Personnel File confirm that his date of
birth was 30 October 1956 and not 1957.

6.  The applicant was honorably discharged from active duty on 25 May 1975.
 His 29 days of service in the United States Army Reserve under the DEP is
reflected in item 18d (prior inactive service).  However, his 9 months and
27 days of prior service in the Army National Guard is not.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s date of birth is incorrectly recorded on his 1976
National Guard Bureau separation document.  His correct date of birth is 30
October 1956 and not 1957.

2.  Evidence available to the Board confirms that the zip code for his
permanent mailing address on his 1976 National Guard Bureau separation
document should have been recorded as 90305 and was apparently omitted.

3.  The applicant served for 9 months and 27 days in the Army National
Guard prior to his entry on active duty in March 1979.  That inactive
service should have been included in item 18d on his separation document,
in addition to the 29 days reflected for his DEP period.  His total prior
inactive service should be reflected as 10 months and 26 days.

BOARD VOTE:

__MM___  __RD ___  ___MB __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing:

      a.  that his date of birth was 30 October 1956 vice 1957 on his
September 1976 Army National Guard Bureau separation document;


      b.  that the zip code for his permanent mailing address on that same
from is 90305; and
      c.  that item 18d on his 1979 separation document should reflect a
total of 10 months and 26 days of prior inactive service.





            ____ Mark Manning_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003096987                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040513                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |