RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 MAY 2005
      DOCKET NUMBER:  AR20040005351


      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:

|     |Ms. Jennifer Prater               |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 1995 Department of Defense
(DD) Form 214 (Certificate of Release or Discharge from Active Duty) be
corrected to show that he entered active duty on 22 May 1969.

2.  The applicant states that his “active duty date” on his current DD Form
214 shows 1 March 1978 and he needs verification of his original active
duty entry date.

3.  The applicant provides a copy of his 1995 DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 May 1995.  The application submitted in this case is
dated
4 August 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 was inducted
and entered active duty on 22 May 1969.  He was discharged for the purpose
of immediate reenlistment on 28 May 1969.  A DD Form 214 was issued for
that
7-day period of active Federal service and a copy of the form was contained
in his Official Military Personnel File.

4.  The applicant was subsequently discharged for the purpose of immediate
reenlistment on 18 July 1971, 19 June 1975, and 28 February 1978.  In each
instance a DD Form 214 was issued.

5.  On 1 March 1978 the applicant reenlisted for the fifth time and
continued to serve on active duty until he was discharged on 31 May 1995
with sufficient


service for retirement.  Item 18 (remarks) on his May 1995 separation
document reflects the various periods of reenlistment by the applicant
between 1978 and 1995.  His prior active service, captured on earlier
separation documents, is recorded in item 12d (total prior active service)
on his 1995 separation document.

6.  Prior to 1978 Army Regulation 635-5, which establishes the policies and
provisions for the preparation and distribution of separation documents,
required the preparation of a DD Form 214 each time an enlisted Soldier was
discharged for the purpose of immediate reenlistment.  Subsequent to 1978 a
DD Form 214 was no longer prepared each time an enlisted Soldier was
discharged for immediate reenlistment in the Regular Army.  Rather, the
individual’s various reenlistment periods were capture in the remarks
section, and prior periods of military service occurring before the
beginning date of the DD Form 214, which were captured on previously issued
separation documents, were recorded in item 12d (total prior active
service) on the final separation document.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence does confirm that the applicant initially entered
active duty in 1969, his prior periods of active Federal service are
captured on separation documents prepared prior to his March 1978
reenlistment action.  Copies of those separation documents will be provided
to the applicant as part of this Board action.

2.  In accordance with applicable regulations, his various reenlistment
periods after March 1978 are recorded in item 18 on his 1995 separation
document and item 12d reflects his total active service which occurred
prior to his March 1978 reenlistment action.  As such, no error or
injustice exists on his 1995 separation document.

3.  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.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1995; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 May 1998.  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

___JP___  ___BI___  ___AU___  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.




                                  ____ Jennifer L. Prater_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005351                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050510                                |
|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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