RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 15, 2005
      DOCKET NUMBER:  AR20040000815


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 records be corrected to
show that he completed 2 years of total active service.

2.  The applicant states, in effect, as a result of his Certificate of
Release or Discharge (DD Form 214) showing that he completed less than 2
years of total active service, he is being denied benefits that he now
needs.  He states that he has served his country and that he now needs for
this country to help him.

3.  The applicant provides no additional information in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 3 June 1988.  The application submitted in
this case is dated 23 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 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.  On 4 September 1986, he enlisted in the Army for 2 years in the pay
grade of E-1.  He successfully completed his training as a single channel
radio operator.  He was advanced to the pay grades of E-2 on 4 March 1987
and E-3 on 1 June 1987.

4.  The facts and circumstances pertaining to the applicant's discharge are
not on file.  The DD Form 214 indicates that the applicant was released
from active duty on 3 June 1988, under the provisions of Army Regulation
635-200, chapter 16-8, as a result of a reduction in authorized strength
under the Fiscal Year 1988 Early Transition Program.  He had completed 1
year and 9 month of net active service and he received an honorable
characterization of service.




5.  Army Regulation 635-200, sets policies, standards and procedures to
ensure the readiness of competency of the force while providing for the
orderly administrative separation of soldiers for a variety of reasons.
Paragraph 16-8 provides for the early separation due to reduction in force,
strength limitations, or budgetary constraints.  The Secretary of the Army
or his designee will authorize voluntary or involuntary early separation.

DISCUSSION AND CONCLUSIONS:

1.  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 this requirement.

2.  The applicant’s contentions have been noted.  However, he was separated
from the Army prior to the expiration of his term of service.  He had
completed 1 year and 9 months of a 2-year active duty service obligation
and it appears that his net active service, which is currently reflected on
his DD Form 214, is correct.

3.  Consideration has been given to the applicant’s contentions regarding
post-service benefits.  However, his post-service benefit eligibility is
not a sufficient basis for including service that was not actually
preformed to his DD Form 214.

4.   Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 June 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 June 1991.  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

jlp  _____  tap_____  kwl   _____  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                 |AR20040000815                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050215                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000.0000/SEPARATION DOCUMENT       |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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