RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 JUNE 2005
      DOCKET NUMBER:  AR20040008501


      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. Joe Schroeder                 |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Jeanette McCants              |     |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 15 April 1998 DD Form 214 be
corrected to show his correct record of service.

2.  The applicant states that the active duty dates on the DD Form 214 are
incorrect.  His prior service was backdated by 3 years and 11 days.  The
      DD Form 214 shows that he had active duty for periods in which he did
not serve.

3.  The applicant provides the above-mentioned DD Form 214, a 7 September
1984 DD Form 214, and a 25 April 1988 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 April 1998.  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 6 years on 28 June 1983,
and was on active duty at Fort Dix, New Jersey from 14 July 1983 to 16
September 1983 for initial “split training.”  He returned to his Reserve
unit upon completion of that training.  He was ordered to active duty with
a reporting date to Fort Sam Houston, Texas on 21 June 1984 for training in
the medical field.  He completed that training on 7 September 1984 and
returned to his Reserve unit.  His DD Form 214 shows 2 months and 17 days
of active service; 2 months and 3 days of total prior active service, and 9
months and 20 days of total prior inactive service.

4.  On 17 April 1985 the applicant was discharged from the Army Reserve to
enlist in the Naval Reserve.


5.  On 25 April 1988 the applicant was released from active duty at San
Diego, California and transferred to the Naval Reserve Personnel Center in
New Orleans.  His DD Form 214 shows that he had 2 years, 9 months, and 24
days of active service; 4 months and 20 days of prior active service; and 1
year and 4 days of prior inactive service.

6.  On 15 April 1993 the applicant enlisted in the Regular Army for 5 years
in pay grade E-4.  As part of the enlistment processing, a DD Form 1966/1
(Record of Military Processing) was prepared.  That record shows that the
applicant’s then current address was a street address in Federal Way,
Washington.  It shows his enlistment date as indicated above, and his
active duty service date as                1 February 1990.  That record
also shows that the applicant attended Renton Vocational Technical
Institute in Renton, Washington from February 1990 to   July 1991.  That
information is also contained on his Personnel Qualification Record, which
was prepared on 22 April 1993 and reviewed on 2 February 1997. That record
reflects his then current and his previous assignments.  It contains
information showing his Army Reserve service, and his active duty Navy
service, and indicates his enlistment on 15 April 1993.  It does not show
that the applicant entered on active duty on 1 February 1990.

7.  Also completed, on 9 March 1993, was a four-page National Agency
Questionnaire (DD Form 398-2).  In that questionnaire the applicant
provided information concerning his past military service, showing that he
served in the Army Reserve from 28 June 1983 to 17 April 1985; in the Navy
from 20 July 1985 to 25 April 1988, and in the Naval Reserve from 28 April
1998 to 17 April 1993.  He indicated that he lived at three different
street addresses in Federal Way, Washington from June 1989 to the present
(9 March 1993).

8.  The applicant also listed his employment dating from August 1990 to the
present (9 March 1993).  He stated that he was employed by three different
businesses, and from November 1992 to the present, he was unemployed.  He
stated that he was currently a member of the Naval Reserve - the Individual
Ready Reserve.

9.  The applicant’s personnel qualification record, prepared on 14 February
1997, reflects certain service data, to include his BASD (basic active
service date), which is shown as 1 February 1990.

10.  The BASD is a date used to compute total active service creditable for
retirement.  For personnel with prior service, the BASD is the date of
enlistment minus total active Federal service and any periods of annual
training and active duty while in a Reserve status.
11.  The DD Form 214 that the applicant wants corrected shows that he
entered on active duty on 1 February 1990 and was discharged on 15 April
1998; that he had 8 years, 2 months, and 15 days of net active service; 3
years and 11 days of prior active service; and no prior inactive service.
That DD Form 214 shows that the applicant was not available to sign the
form.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant entered on active duty on 1
February 1990 as shown on his 15 April 1998 DD Form 214.  To the contrary,
the evidence indicates that the applicant had no active duty service from 1
February 1990 until his enlistment in the Army for 5 years on 15 April
1993.  The documents prepared in conjunction with this enlistment show that
he lived in Federal Way, Washington from 1990 until his enlistment, that he
was employed by three different businesses, and that he attended a
vocational school.  He stated in a National Agency Questionnaire that at
the time of his enlistment in 1993 he was a member of the Naval Reserve.

2.  The applicant’s records show that he had 4 months and 20 days of active
duty service while a member of the Army Reserve, and 2 years, 9 months, and
24 day of active duty service in the Navy.  His total prior active duty
service subtracted from 15 April 1993, his date of enlistment in the
Regular Army, reflects a BASD of 1 February 1990.

3.  It would appear that the DD Form 214 was inaccurately prepared – that
his BASD of 1 February 1990 was inadvertently or mistakenly entered on that
form as the date that he entered on active duty.

4.  Consequently, the applicant’s DD Form 214 showing that he entered on
active duty on 1 February 1990 and that he had 8 years, 2 months, and 15
days of net active service is incorrect.  His total prior active service is
also incorrect, as is his total prior inactive service.

5.  The evidence shows that he entered on active duty on 15 April 1993 and
was discharged on 15 April 1998, for a total of 5 years and 1 day of active
service.  The evidence also shows that he had 4 months and 20 days of
active duty service while a member of the Army Reserve, and 2 years, 9
months, and          24 days of active duty service in the Navy, for a
total of 3 years, 2 months, and 14 days of prior active service.

6.  The applicant served in the Army Reserve from 28 June 1983 until his
discharge on 17 April 1985.  He also served in the Naval Reserve; however,
the exact dates of his service in that component cannot be determined.  His
total prior inactive service is not available to the Board.  Thus, his DD
Form 214 cannot be corrected to show his total prior inactive service.

7.  However, the applicant’s 15 April 1998 DD Form 214 should be corrected
to show that he entered on active duty on 15 April 1993, that he had 5
years and    1 day of net active service, and that he had 3 years, 2
months, and 14 days of prior active service.

BOARD VOTE:

___JS___  ___LF___  ___JM __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 the applicant’s 15 April 1998 DD Form 214
be corrected to show that he entered on active duty on 15 April 1993, that
he had 5 years and 1 day of net active service, and that he had 3 years, 2
months, and 14 days of prior active service.





                            ______Joe Schroeder_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008501                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050628                                |
|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.                      |                                        |


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