RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 March 2005
      DOCKET NUMBER:  AR20040002535


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 he completed a full 3 years of service.

2.  The applicant states that "they" said he was not eligible for a pension
because he was discharged before his 3 years were up.  "They" said he
missed a pension by 2 days.  They gave him an early out even though he did
not ask for one.

3.  The applicant provides a Subject/Problem letter to his Congressman
dated  14 April 2004 and his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 July 1964.  The application submitted in this case is
dated 1 June 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 enlisted in the Regular Army on 27 July 1961.  He was
released from active duty on 24 July 1964, under the provisions of Army
Regulation     635-200 upon his expiration term of service (ETS), after
completing 2 years,     11 months, and 28 days of creditable active
service, and transferred to the U. S. Army Reserve to serve until his
terminal date of obligation of 26 July 1967.

4.  In 1964, 26 July fell on a Sunday; 24 July on a Friday.

5.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  In pertinent part, it states that an
individual whose term of service expires on a Saturday, Sunday or legal
holiday may, with his consent, be released from active duty and transferred
to the U. S Army Reserve on the last working day prior to his normal date
of discharge or release.  Chapter 12 of this regulation provides for the
retirement of members who complete 20 years of active Federal service.

6.  Army Regulation 135-180 implements statutory authorities governing the
granting of retired pay to Reserve components Soldiers and former Reserve
components Soldiers.  A Reserve Soldier must complete a minimum of
   20 qualifying years of service to be eligible for retired pay at age 60.


DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of error or injustice in showing that the
applicant was released from active duty on Friday, 24 July 1964, 2 days
prior to his normal ETS.  In 1964, his normal ETS fell on a Sunday.  The
governing regulation provides for the separation of such an individual on
the last working day prior to his or her normal ETS.

2.  There is no evidence that the applicant lost out on a "pension" due to
being released from active duty early.  There is no evidence of record and
he does not contend that he served an additional 17 years of active Federal
service that would have qualified him for an active duty military pension
had he received those 2 days of credit.  There is also no evidence of
record and he does not contend that he served 17 years of qualifying
service in a Reserve component that would have qualified him for a Reserve
retirement had he received those     2 days of credit.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 July 1964; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         23 July 1967.  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

__fne___  __mkp___  __cak___  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.




            __Fred N. Eichorn__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002523                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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