RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 January 2005
      DOCKET NUMBER:  AR20040005620


      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:

|     |Ms. Karen A. Heinz                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show that he
separated, in effect, on 17 December 1977 and to show his rank as
Specialist Four (SP4).

2.  The applicant states that he was sworn in on 17 December 1971 and
discharged on 17 December 1977.  His rank was SP4 when he was discharged.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on    17 December 1977, the date he was discharged from the U. S.
Army Reserve (USAR).  The application submitted in this case is dated on 23
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 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 enlistment contract shows he enlisted in the USAR on
      18 December 1971 for 6 years.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was
ordered to active duty for training on 17 July 1972 and was released from
active duty on 18 November 1972.  His DD Form 214, item 17c (Date of Entry)
shows he entered active duty on 17 July 1977 (sic) and was released from
active duty on 16 November 1972.  Item 22 (Net Service this Period) shows
he completed     4 months of creditable active service.  Items 5a (Grade,
Rate or Rank) and       5b (Pay Grade) show his rank and pay grade as
Private (PVT), E-2.  Item          30 (Remarks) also shows he completed 4
months of active duty for training.

5.  Company A, 3d Battalion, 4th Combat Support Training Brigade, U. S.
Army Training Center Infantry and Fort Ord Unit Orders Number 70 dated 9
November 1972 promoted the applicant to Private First Class (PFC), E-3
effective                9 November 1972.

6.  The applicant was promoted to SP4 effective 11 November 1974.  He was
honorably discharged from the USAR on 17 December 1977.

7.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service.  It establishes standardized policy for 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on
        18 December 1971 for 6 years and was honorably discharged, as a
SP4, on     17 December 1977.

2.  However, the applicant's DD Form 214 was prepared to record his service
from the date of his entry on active duty on 17 July 1972 until his release
from active duty on 16 November 1972.  (The date of 16 November 1972 shown
on his DD Form 214 is accepted as more accurate than the date of 18
November 1972 shown on his DA Form 20.  17 July through 16 November 1972 is
a period of 4 months, the time period shown twice elsewhere on his DD Form
214.)  Anything that occurred outside that time period would not be
authorized for recording on that DD Form 214.

3.  The applicant's DD Form 214 does contain two errors.  It erroneously
reflects he entered active duty on 17 July 1977, an obvious typographical
error.  It should be corrected to show he entered active duty on 17 July
1972.  His DD Form 214 also shows his rank and pay grade as PVT, E-2.  He
had been promoted to PFC, E-3 effective 9 November 1972, prior to his
release from active duty.  His DD Form 214 should be corrected to show his
rank and grade as PFC, E-3.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__kah___  __rd____  __jbg___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 of the
individual concerned be corrected:

     a.  in items 5a and 5b to show his rank and grade as PFC, E-3; and

     b.  in item 17c to show he entered active duty on 17 July 1972.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting his DD Form     214 to show he separated on 17 December 1977 and
to show his rank as SP4.




            __Karen A. Heinz______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040005620                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050104                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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