RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         01 MARCH 2005
      DOCKET NUMBER:  AR20040003027


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. Antonio Uribe                 |     |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 1970 separation document be
corrected in order to show that he had continuous active duty.

2.  The applicant states, in effect, that there appears to be confusion on
his July 1970 separation document concerning the entries in item 22
(statement of service) on that form.  He states that the United States
Postal Service needs to know what is meant by “other service.”  He states
he believes he had no break in service because he had to reenlist in order
to receive training in a specific specialty.

3.  The applicant provides a copy of his July 1970 separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1970.  The application submitted in this case is
dated
9 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 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 27 July 1967.  Six days later, on 2 August 1967,
he was discharged for the purpose of immediate reenlistment.  A separation
document, reflecting that brief period of military service was issued.

4.  On 3 August 1967 the applicant reenlisted for a period of three years
in order to receive training in specialty 61A (seaman).  He remained on
active duty until
31 July 1970 when he was released from active duty at the completion of his
contract.

5.  A separation document was issued reflecting his military service
between
3 August 1967 and 31 July 1970.  That separation document contains an entry
in item 22a(2) (creditable for basic pay purposes – other service) of six
days, which accounts for the six days of service he had between 27 July
1967 when he was inducted and 2 August 1967 when he was discharged for the
purpose of immediate reenlistment.  His “total” military service, three
years and four days is reflected in items 22a(3) (creditable for basic pay
purposes – total line 1 plus line 2) and 22b (total active service).

6.  Army Regulation 635-5, in effect at the time, prescribed the policies
and provisions for the preparation of separation document.  At the time, a
separation document was issued at the time of a Soldier’s separation,
regardless of the actual number of days served.  This included issuing a
separation document for individuals who were inducted and after induction
chose to enlist in the Regular Army.  In October 1979 the practice of
issuing a separation document each time a Soldier was discharged for the
purpose of immediate reenlistment was discontinued.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 22a(2) on the applicant’s separation document is
correct and reflects the six days of military service which occurred
between the date the applicant was inducted and the date he was discharged
for the purpose of immediate reenlistment.  His total military service is
reflected in items 22a(3) and 22b.

2.  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 that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 July 1973.  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

__WM___  ___RD __  ___AU __  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.




                                  _____Walter Morrison______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003027                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050301                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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