RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040011641


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 that the date of his entry on active duty be
corrected to show the date he entered basic training.

2.  The applicant states that according to his DD Form 214 (Certificate of
Release or Discharge from Active Duty), the entry date for his military
service is not correct.  He continues that he entered the military in 1987.
 However, his service for this time-frame is not reflected on his DD Form
214.

3.  The applicant further states that he attended monthly Reserve drills
until he went to basic training but, his pay and time in service is not
being calculated correctly.

4.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 December 1988.  The application submitted in this case is
dated 27 December 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’s DA Form 2-1 (Personnel Qualification Record) shows that
he was a member of the United States Army Reserve (USAR) during the period
7 December 1987 through 2 August 1988.  This document contains the entry
“NOAD” (Not Ordered to Active Duty) for this time period.

4.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he
was ordered to active duty for training (ADT) effective 3 August 1988.  He
was trained in the military occupational specialty (76P10) Materiel Control
and Accounting Specialist) and released from ADT on 8 December 1988.  His
DD Form 214 for this period shows he was credited with 4 months and 6 days
of active service.

5.  A DD Form 4/1 (Enlistment/Reenlistment Document) shows the applicant
enlisted in the Regular Army on 23 August 1989 for a period of 4 years.  He
was assigned to Headquarters and Headquarters Company, 3rd Signal Battalion
and later the 313th Signal Company, 16th Signal Battalion, Fort Hood,
Texas.

6.  The applicant’s DD Form 214 for the period 8 January 1992 shows he was
honorably separated from active duty after completing 2 years, 4 months,
and
16 days of active service.  Item 12e (Record of Service) shows that he was
credited with 7 months and 26 days of Inactive service for that period.
The narrative reason for his separation is shown as a locally imposed bar
to reenlistment.

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of
the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active Army service at the time of release from
active duty, retirement or discharge.

8.  Chapter 2 of the separation documents regulation contains guidance on
the preparation and distribution of the DD Form 214.  It states, in
pertinent part, that a DD Form 214 will be prepared on all Reserve
component (RC) Soldiers completing 90 days or more of continuous active
duty for training (ADT),
Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW),
temporary tours of active duty (TTAD), or Active Guard Reserve (AGR)
service.

9.  Paragraph 2-4 of the separation documents regulation contains
instructions on the preparation of the DD Form 214.  It states, in
pertinent part, that the entry in Item 12d will be the total prior active
duty service as documented on previously issued DD Forms 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he was not properly credited for his active
duty service in 1987 was carefully considered.  However, there is no
evidence to show the applicant served in an active duty status during the
period which he claims.

2.  Evidence of record shows the applicant was in the USAR and not ordered
to active duty for the time-frame 7 December 1987 through 2 August 1988.
Therefore, he was credited with 7 months and 26 days of inactive service in
the USAR, which is shown in item 12e (Record of Service) for that period.



3.  The applicant’s period of active duty did not start until 3 August 1988
as shown in item 12a (Date Enter Active Duty for this Period) of his DD
Form 214.  Therefore, there is insufficient evidence upon which to base
granting active duty service credit for this period.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 December 1988; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 December 1991.  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

__REB__  ___LF ___  __LMD__  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.




                                  ____ Ronald E. Blakely______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011641                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]