RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 MAY 2005
      DOCKET NUMBER:  AR20040005198


      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. John Slone                    |     |Chairperson          |
|     |Mr. Robert Duncan                 |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 that his “total active service should read 20
years,       4 months, and 16 days.”

2.  The applicant states that his last discharge shows that he completed
        18 years, 3 months, and 21 days.  He notes that he entered active
duty on
15 November 1960 and served without a break in service until 31 March 1981.

3.  The applicant provides copies of his various separation documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1981.  The application submitted in this case is
dated
17 April 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.  Records available to the Board indicate that the applicant initially
entered active duty on 15 November 1960 and was discharged for the purpose
of immediate reenlistment on 8 July 1963, 8 July 1966, 9 May 1973, and 5
March 1979.  In each instance a Department of Defense Form 214 (Certificate
of Release or Discharge from Active Duty) was issued which captured his
period of active service during that particular enlistment in an item
titled “Net Active Service this Period” under the “Record of Service”
block, as well as his prior active service in an item titled “Total Prior
Service” under that same block.

4.  On 6 March 1979 the applicant executed his final reenlistment contract.
 He was discharged on 31 March 1981 and his name was placed on the retired
rolls the following day.  Item 12c (Net Active Service this Period) on his
1981 separation document captures his 2 years and 25 days of active service
completed between his March 1979 reenlistment date and his March 1981
discharge for retirement date.  His prior active service of 18 years, 3
months, and 21 days, which was completed before his March 1979 reenlistment
date is recorded in item 12d (Total Prior Active Service) on that same
form.  Those two entries, when added together, confirm the applicant’s
total active service of 20 years, 4 months, and 16 days.

5.  Army Regulation 635-5 establishes the policies and provisions for the
preparation of separation document.  That regulation has changed over the
year as the separation document (Department of Defense Form 214) has been
revised and updated.  Earlier versions of the form did include a specific
entry under the “Record of Service” block for recording an individual’s
total active service.  However, when the version in effect at the time of
the applicant’s 1981 discharge was published, it no longer contained a
separate entry for one’s total active service.  Rather, the information was
obtained by adding the “Net Active Service this Period” and the Total Prior
Active Service” entries together.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence does confirm that the applicant did have 20 years,
         4 months, and 16 days of total active service, by the time of his
1981 discharge the separation document that was being utilized did not
contain a separate entry item for total active service.

2.  The applicant’s 1981 separation document correctly reflects his “net
active service” between the date of his last reenlistment action (6 March
1979) and the date of discharge (31 March 1981) for the purpose of
retirement.  That service is correctly recorded as 2 years and 25 days.

3.  The applicant’s total active service prior to his 1979 reenlistment
action is correctly recorded as 18 years, 3 months, and 21 days under the
“total prior active service” entry on his 1981 separation document.

4.  When the applicant’s net active service this period and his total prior
active service are added together it confirms his total active service
amount.  As such, no error or injustice exists on his final separation
document.

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

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1981; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 March 1984.  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

___JS___  ___RD __  ___CD __  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 Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005198                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050517                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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