RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 APRIL 2005
      DOCKET NUMBER:  AR20040004620


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. Larry Olson                   |     |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.  In effect, the applicant requests that his DA Form 2339 (Application
for Voluntary Retirement) be corrected to show 20 years, 7 months, and 8
days of total active service creditable for retirement; and 20 years, 7
months, and 8 days total service for basic pay purposes.

2.  The applicant states that he extended to reenlist as reflected in item
17 [which he has highlighted] on his 2 April 1953 DD Form 214 (Report of
Separation).  This extension was not reflected on his 15 October 1953 DD
Form 214.  Consequently, when his Data for Retired Pay was completed, the
information contained therein was incorrect.

3.  The applicant provides copies of documents depicted herein.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 December 1970.  The application submitted in this case
is dated 19 July 2004.

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 had six distinct periods of enlistment in the Army, as
reflected in the enlistment documents contained in his Official Military
Personnel File (OMPF) and as shown on his separation documents (DD Forms
214).  Additionally, a       6 November 1968 request for a statement of
service shows that he had inactive military service from 27 April 1953 to
14 October 1953.  On 4 November 1953 Headquarters, Thirteenth Naval
District, informed the applicant that he was discharged from the Naval
Reserve as of 14 October 1953 by reason of his enlistment in the Army.  His
OMPF contains an Honorable Discharge Certificate from the Navy, dated 14
October 1953.

4.  The applicant’s DD Form 214 reflecting his first period of military
service, shows that he enlisted on 3 April 1950 and was discharged on 2
April 1953.   Item 17 (Means of Entry Other Than By Induction) of that form
contains the entry “3 YRS – 9MOS INVOL EXT PL 51.”  His next DD Form 214
shows that he entered on active duty on 15 October 1953 and was discharged
on 12 October 1956.  He had a break in service until his enlistment on 3
December 1956.  He had continuous active duty thereafter until his
retirement on 31 December 1970.
5.  The 5 January 1970 Application for Voluntary Retirement, projected to
his retirement date of 31 December 1970, reflects the years, months, and
days of his active federal service as shown on the six DD Forms 214 that
the applicant submits with his request, and includes his inactive service
in the Naval Reserve for the period indicated above.  That form shows that
he had 20 years and        27 days of active Federal service creditable for
retirement, and 20 years,              6 months, and 15 days of total
service for basic pay purposes.  Adding up his periods of service show that
those totals are accurate.

6.  Submitted with his application are apparent contemporary computer
printouts showing continuous active duty service in the Regular Army from 3
April 1953 to 12 October 1956; and a computation of his service prepared on
a DA Form 2339, dated 19 July 2004, which reflects this same information,
and shows 20 years,    7 months, and 8 days of total active service
creditable for retirement and for basic pay purposes.

DISCUSSION AND CONCLUSIONS:

1.  The evidence as shown on his enlistment documents and the DD Forms 214
that the applicant provides with his request, show that he had 20 years and
       27 days of active service creditable for retirement.  The evidence
also shows that he had inactive service in the Naval Reserve for 5 months
and 18 days, and that his total service for basic pay is as shown on his 5
January 1970 DA Form 2399.
2.  Notwithstanding the applicant’s contentions and the computations that
he provides, there is no evidence that he served on active duty in the
Regular Army from 3 April 1953 until 12 October 1956.  In fact, he could
not have.  The evidence clearly shows that he was in the Naval Reserve from
27 April 1953 until his discharge on 14 October 1953 to enlist in the Army.
 The entry implying the    9 months involuntary extension as shown on his 2
April 1953 is noted; however, the evidence does not show active service in
the Regular Army immediately following his discharge on 2 April 1953.


3.  The applicant did not have 20 years, 7 months, and 8 days of creditable
service for retirement or for basic pay purposes.  Consequently, his
request to correct his record to reflect that amount of service is denied.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    30 December 1973.  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 timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RW__  ___LB___  ___LO __  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.




                                  ____Raymond Wagner_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004620                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050419                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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