RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 February 2005
      DOCKET NUMBER:  AR20040001675


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 his DD Form 214 (Certificate of Release or
Discharge Form Active Duty) be corrected to show he entered active duty on
  "15 December 1976."

2.  The applicant states, in effect, that he entered active duty on "15
December 1976" and served continuously until being discharged on 31
December 1996.

3.  The applicant provides a copy of his DD Form 214 for the period 6
December 1978 to 31 December 1996; a copy of pages 1, 3 and 4 of his DD
Form 4 (Enlistment or Reenlistment Agreement) dated 15 December 1976, and a
copy of Enlistment/Travel Orders Number 263-9 dated 30 December 1976.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1996, the date of his separation from active duty.
The application submitted in this case is dated 30 March 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 military records show that he enlisted in the US Army
Reserve on 15 December 1976, for a period of 6 Years.  He enlisted in the
Regular Army and entered active duty on 30 December 1976.  He completed the
required training and was awarded military occupational specialty (MOS) 11D
(Scout Driver), and was discharged for the purpose of immediate
reenlistment on           5 December 1978.  His personnel records do not
contain a DD Form 214 that covers this period of active duty service.

4.  The applicant reenlisted on 6 December 1978, and continued to serve on
active duty through a series of reenlistments until being honorably
discharged on 31 December 1996 for the purpose of retirement.  Item 12a of
the applicant's DD Form 214 shows he entered active duty on 6 December
1978, item 12c shows he completed 18 years, 00 months, and 25 days of net
active service this period, and item 12d shows he had a total of 1 years,
11 months, and 6 days of prior active service.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part 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.  It also states that effective  1 October 1979, DD
Form 214's would no longer be issued for immediate reenlistments and that
all service would be continuous from the date the last    DD Form 214 was
issued.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army
on 30 December 1976, and that he continuously served on active duty through
reenlistments until being honorably discharged on 31 December 1996.

2.  The applicant's records show that he was issued a DD Form 214, with an
ending date of 31 December 1996, which shows he entered active duty on
     6 December 1978.  However, no separation document was issued for his
prior period of active duty service.  Therefore, that period of active duty
service should be reflected on the DD Form 214 ending 31 December 1996.

3.  By regulation, a DD Form 214 should cover the entire period of active
duty for which a previous DD Form 214 was not issued.  The evidence of
record confirms the applicant was never issued a DD Form 214 for the period
of active duty service from 30 December 1976 to 5 December 1978.
Therefore, it would be appropriate to correct the DD Form 214 for the
period 6 December 1978 to       31 December 1996 to show that he entered
active duty on 30 December 1976.

BOARD VOTE:

___mm__  __ljo____  ___lmb__  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 all Department of the Army records of the
individual concerned be corrected by amending the DD Form 214 for the
period                  6 December 1976 to 31 December 1996 to show the
entry:

     a.  in item [12a] date entered AD this period as 30 December 1976;

     b.  in item [12c] 20 years, 00 months, and 2 days of net active
service this period;

     c.  in item [12d] 0 years, 0 months, and 0 days of prior active
service; and

     d.  in item [18]  761230-781205.




                            _____Melvin H. Meyer______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001675                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/03                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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