RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            08 JULY 2004
      DOCKET NUMBER:   AR2004100888


      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. Kathleen Newman               |     |Chairperson          |
|     |Ms. Gail Wire                     |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 1982 separation document be corrected
to show that he entered active duty on 17 June 1981 vice 17 June 1982.

2.  The applicant makes no statement.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 August 1982.  The application submitted in this case
is dated
8 October 2003.

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 limitation 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 enlisted in
the United States Army Reserve on 19 June 1981 for a period of 6 years.

4.  His Department of the Army Form 2-1 (Personnel Qualification Record)
indicates that he attended basic training, under the “split-option”
program, between July and August 1981.

5.  Orders issued on 2 July 1981 ordered the applicant to active duty for
the purpose of attending Advanced Individual Training for “8 weeks or upon
completion of MOS (military occupational specialty) training.”  His
original reporting date for training was recorded as 25 June 1982.
However, on 17 June 1982, orders were issued amending his reporting date to
17 June 1982.

6.  On 17 June 1982, not 17 June 1981 as the applicant contends, he entered
active duty for the purpose of undergoing specialty training as a cook
(94B).

7.  He completed the training, and on 17 August 1982 he was released from
active duty and returned to his United States Army Reserve unit in
Michigan.  His separation document indicates that he entered active duty on
17 June 1982.



8.  By November 1982 the applicant’s United States Army Reserve unit
commander initiated actions to separate the applicant from the United
States Army Reserve Troop Program Unit and transfer him to the United
States Army Reserve Control Group, after the applicant failed to report for
his 2 weeks of annual training with his unit.  On 21 December 1982 the
applicant was transferred from his Troop Program Unit to the Control Group.
 The reason for the transfer was recorded as “unsatisfactory
participation.”

9.  Army Regulation 635-5 states that a Department of Defense Form 214
(Certificate of Release or Discharge from Active Duty) will be prepared for
United States Army Reserve Component Soldiers upon completing initial
Active Duty for Training (ADT) that results in the award of a MOS.  This
includes United States Army Reserve Soldiers who completed MOS training
under the Split Training Program.  The Department of Defense Form 214 is a
summary of a Solder’s most recent period of continuous active (emphasis
added) duty.  It provides a brief, clear-cut record of active duty service
at the time of release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board confirms that the applicant entered
active duty for the purpose of undergoing MOS training on 17 June 1982, not
17 June 1981 as he contends.

2.  It is possible that the applicant may believe that the separation
document should reflect the date that he enlisted in the military.
However, the purpose of the separation document is to record information
associated with a period of active duty.

3.  The date of entry reflected on the applicant’s 1982 separation document
is correct.  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.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 August 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
16 August 1985.  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 RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KN ___  ___GW  _  ___WP__  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.




            ___Kathleen Newman____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100888                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040708                                |
|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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