RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 January 2005
      DOCKET NUMBER:  AR20040000559


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 discharge date be changed
to
13 August 1950 by giving him credit for leave time that he earned while on
active duty.

2.  The applicant states, in effect, that if he had received credit for his
leave time his discharge date should have been 13 August 1950.

3.  The applicant states that he needs this change in order to be
classified as a war-time/era veteran and be entitled to benefits based on
that service.

4.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States) with an effective date of
separation of
16 June 1950.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 16 June 1950.  The application submitted in this case is dated
19 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 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.  The applicant’s military personnel records were not available and may
have been lost or destroyed in a fire at the National Personnel Records
Center in 1973.  The only record available to the Board was the DD Form 214
provided by the applicant.

4.  The DD Form 214 shows that the applicant was enlisted on 14 August 1947
for a period of three years.  The applicant completed two years, one month,
and
25 days of foreign and/or sea service.  The applicant was discharged on 15
June 1950, having completed two years, 10 months, and three days of
service.

5.  Item 8 (Reason and Authority for Separation) contains the entry, "Conv
of Govt AR615-365 (CG PETS-L) & SR 615-360-10" (Convenience of the
Government Army Regulation 615-365 [convenience of the government prior to
expiration of term of service] & Special Regulation 615-360-10).
6.  Army Regulation 615-365 (Discharge, Convenience of the Government), in
effect at the time, provided for the discharge of individuals prior to
their expiration of term of service (ETS).

7.  Special Regulations Number 615-360-10 (Separation Criteria), then in
effect, provided that personnel who return from overseas with 120 days or
less of effective service remaining in enlistment and who declare their
intention not to reenlist will be discharged for the convenience of the
Government.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity.  The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that if he had been given credit for leave time,
his discharge date would have been 13 August 1950 and qualified him for
benefits.

2.  The evidence shows that the applicant was discharged within 120 days of
his ETS upon his return from overseas in accordance with the regulations in
effect at the time.

3.  In order to justify correction of a military record the applicant must,
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 the absence of evidence to the contrary, it is presumed that the
applicant's processing for discharge correct.

5.  The ABCMR does not correct records solely for the purpose of
establishing eligibility for benefits.  In addition, granting veteran's
benefits is not within the purview of the ABCMR and any questions regarding
eligibility for treatment and other benefits should be addressed to the
Department of Veterans Affairs.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 June 1950, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 15 June 1953.  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

___ecp__  ___bkk __  ____rjw__ 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.




                                  ______Raymond J. Wagner_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000559                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050127                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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