RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 January 2005
      DOCKET NUMBER:  AR20040002603


      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 DD Form 214 (Report of
Separation from Active Duty) be corrected to reflect his correct amount of
active service, total service for pay, and foreign service.

2.  The applicant states that he served 17 months of active duty, not four
months and 19 days.  The applicant does not state why he believes his
foreign service is incorrect.

3.  The applicant states that he is not quite sure if he is service
connected or non-service connected.  He also states that his disability has
gotten worse and he wants to file for an increase in his disability.

4.  The applicant provides a copy of his DD Form 214, with an effective
date of
19 December 1975.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 19 December 1975, the date of his discharge.  The application
submitted in this case is dated 2 March 2003 and was received on 27 May
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 service records contain a DD Form 4 (Enlistment
Contract-Armed Forces of the United States), dated 31 July 1974, that
showed the applicant enlisted in the Regular Army on 31 July 1974 for a
period of two years.

4.  Item 49 (Prior Service) of the DD Form 4 listed no prior service at the
time of the applicant's enlistment.

5.  The records contain a DA Form 2-1 (Personnel Qualification Record) that
showed in Item 5 (Overseas Service) that the applicant served in Germany
from
10 January 1975 through 28 November 1975.

6.  Item 21 (Time Lost) of the applicant's DA Form 2-1 did not show any
periods of lost time.

7.  Headquarters, 9th Infantry Division and Fort Lewis Special Orders
Number 351 (Extract), dated 17 December 1975, stated that the applicant was
discharged effective 19 December 1975.

8.  Army Regulation 635-5 (Separation Documents), then in effect,
establishes the standardized policy for preparing and distributing the DD
Form 214.  This regulation states that a DD Form 214 will be prepared for
all personnel at the time of their retirement, discharge, or release from
the Active Army.

9.  Section II, paragraph 2-7y of Army Regulation 635-5, then in effect,
states that all service shown in Items 18(a) through (f) will be less time
lost under
10 United States Code 972 and time lost subsequent to expiration of term of
service.

10.  Section II, paragraph 2-4(12) (Record of Service) of Army Regulation
635-5, currently in effect, shows that for items where a period of service
is indicated and there is none or it is not applicable, the correct entry
is 00 00 00.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the amount of active service, total service
for pay, and foreign service entered on his DD Form 214 are incorrect.

2.  The records do not contain any entries showing any lost time.
Therefore, all time computed are day for day service without adjustments
for lost time.

3.  Item 18(a) (Net Active Service This Period) of the applicant's DD Form
214 contains the entry 0 4 19 (zero years, four months, and 19 days).  The
applicant enlisted on 31 July 1974 and was discharged on 19 December 1975.
Therefore, the correct entry in Item 18(a) should reflect 01 04 19 (one
year, four months, and 19 days).

4.  The applicant had no active service prior to 31 July 1974.  Therefore,
the entry "NONE" in Item 18(b), Prior Active Service, should reflect 00 00
00, in keeping with current standards.

5.  Item 18(c) (Total Active Service) contains the entry 0 4 19 (zero
years, four months, and 19 days).  Item 18(c) should reflect the total of
Item 18(a) and (b).  Therefore, the correct entry in Item 18(c) should
reflect 01 04 19.

6.  The applicant had no inactive service prior to 31 July 1974.
Therefore, the entry "NONE" in Item 18(d), Prior Inactive Service, should
reflect 00 00 00 in keeping with current standards.

7.  Item 18(e) (Total Service for Pay) contains the entry 0 4 19 (zero
years, four months, and 19 days).  Item 18(e) should reflect the total of
Item 18(c) and (d). Therefore, the entry in Item 18(e) should reflect 01 04
19.

8.  Item 18(f) (Foreign and/or Sea Service this Period) contains the entry
0 3 27 (zero years, 3 months, and 27 days).  The DD Form 2-1 shows the
applicant served in Germany from 10 January 1975 through 28 November 1975.
Therefore, Item 18 (f) should reflect 00 10 19 (10 months and 19 days).

9.  In his undated letter, the applicant used the terms "service connected"
and "non-service connected."  The term “service connected” is normally
associated with the Department of Veterans Affairs (DVA).  Any claims or
issues concerning service connection should be addressed to that Agency.

10.  Granting veteran's benefits is not within the purview of the ABCMR.
Any questions regarding procedures concerning filing for an increase in a
disability rating should also be addressed to the DVA.

BOARD VOTE:

___ecp__  ____bkk _  ____rjw__ 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 making the following changes to his DD
Form 214, with an effective date of 19 December 1975:

      a.  amend Item 18(a) to read 01 04 19 instead of 0 4 19;

      b.  amend Item 18(b) to read 00 00 00 instead of NONE;
      c.  amend Item 18(c) to read 01 04 19 instead of 0 4 19;

      d.  amend Item 18(d) to read 00 00 00 instead of NONE;

      e.  Amend Item 18(e) to read 01 04 19 instead of 0 4 19; and

      f.  amend Item 18(f) to read 00 10 19 instead of 0 3 27.





                            ____Raymond J. Wagner______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002603                           |
|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          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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