RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040008065


      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. John Slone                    |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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 record be corrected to show
that he entered on active duty on 17 July 1961 instead of 7 August 1961 as
indicated on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states that he enlisted in the Army Reserve on 17 July
1961, and a colonel administered the oath of enlistment to him, which made
him active on that date; however, a sergeant at the induction station
changed the paperwork to show he was on active duty beginning on 7 August
1961.  His rights were violated.  The incident happened at Fort Jackson,
South Carolina.  He was young and afraid to approach the sergeant about the
matter.  His active duty time should be 6 months and 20 days.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 February 1962.  The application submitted in this case
is dated   22 September 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 enlisted in the Army Reserve for 8 years on 17 July 1961
and was administered the oath of enlistment by a colonel at the 129th
Surgical Hospital in Tuskegee, Alabama.

4.  On 26 July 1961 orders were published by IV United States Army Corps
ordering the applicant to active duty for training for 6 months effective
on             7 August 1961 with a reporting date to the Army Reception
Station at Fort Jackson on 8 August 1961.

5.  The applicant’s DD Form 214 shows that he entered on active duty for
training on 7 August 1961 and was released from active duty on 6 February
1962 at Fort Jackson and returned to the Army Reserve to complete his
remaining service obligation.  He had 6 months of active service and 20
days of other service.

6.  The applicant was discharged from the Army Reserve on 15 January 1970
at the expiration of his term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did enlist in the Army Reserve on 17 July 1961 and was
administered the oath of enlistment on that date, as he so states.  His
enlistment on 17 July 1961, however, does not equate to entry on active
duty.

2.  The evidence shows that orders were not published ordering the
applicant to active duty until 26 July 1961, 9 days after his enlistment,
with his active duty to begin on 7 August 1961.  His DD Form 214 shows he
entered on active duty on that date and was released 6 months later, on 6
February 1962.  The applicant has not provided evidence to the contrary.

3.  Consequently, the applicant’s request to correct his record to show
that he entered on active duty on 17 July 1961 is denied.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 February 1962; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           5 February 1965.  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___  ___HF __  ___LS___  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                 |AR20040008065                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|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.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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