RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 July 2005
      DOCKET NUMBER:  AR20040006114


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |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:

      a.  That his DD Form 214 (Certificate of Release or Discharge from
Active Duty) be corrected to show in Block 18 (Remarks) his Delayed
Entry/Enlistment Program (DEP) service.

      b.  That he be issued a new DD Form 214 and not a DD Form 215
(Correction to DD Form 214).

2.  The applicant states that DEP service is counted toward completion of
the statutory service obligation.  He also states in a 9 August 2004 letter
that Army Regulation (AR) 635-5 provides that when three or more
corrections are made to a DD Form 214, a new DD Form 214 is issued.  He,
therefore, expects a new DD Form 214 because three corrections have already
been made and he expects to have a fourth correction as a result of this
application.

3.  The applicant provides:

      a.  A 9 August 2004 self-authored letter.

      b.  A copy of AR 635-5 (15 September 2000), pages 7 and 9.

      c.  A copy of his DD Form 214.

      d.  Copies of two DD Forms 215 – one issued on 13 September 2001 and
voided, and one issued on 29 October 2003 and in force.

      e.  A copy of his Enlistment/Reenlistment Document (DD Form 4/1,4/2,
and 4/3).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 July 1992.  The application submitted in this case is dated
26 March 2004 and received on 18 August 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 enlisted in the DEP for 8 years on 22 February 1989.  He
was discharged from the DEP on 1 March 1989 and he enlisted in the Regular
Army for 4 years on 2 March 1989.

4.  On 28 July 1992, the applicant was honorably discharged by reason of
physical disability with severance pay under the provisions of AR 635-40.
His DD Form 214 contains the following pertinent entries:

      a.  In Block 6 (Reserve Obligation Termination Date) – "Year 00,
Month 00, Day 00."

      b.  In Block 18 (Remarks), there is no mention of his DEP service.

5.  AR 635-5 (Separation Documents) prescribes the separation documents
that must be prepared for Soldiers on retirement, discharge, release from
active duty service, or control of the Active Army.  It provides detailed
instructions on the preparation of DD Form 214 and states, in pertinent
part:

      a.  Block 6 (Reserve Obligation Termination Date).  This refers to
the completion date of the period of statutory military service obligation
incurred by all Soldiers on initial enlistment or appointment into the
Armed Forces.  For individuals enlisting on or after 1 June 1984, with no
previous military service, that period is 8 years.  For Soldiers who enlist
in the DEP, the time served in the DEP is credited as a part of the 8 years
and the DEP period of service is entered in Block 18 (Remarks).

      b.  Block 6 instructions also state that Soldiers who are DISCHARGED
[emphasis added], do not incur a further service obligation and Item 6 will
be completed with the entry "00 – 00 – 00" in place of a termination date.

      c.  Block 18 (Remarks).  "IF DEP TIME IS INCLUDED IN DATE OF BLOCK 6,
ENTER "BLOCK 6, PERIOD OF DEP (ENTER INCLUSIVE PERIODS OF TIME IN DEP)"
[emphasis added].

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 clearly shows that he was DISCHARGED
[emphasis added]; therefore, he incurred no further service obligation.  In
accordance with AR 635-5, Block 6 of his DD Form 214 was completed to show
"Year 00, Month 00, Day 00."

2.  Also in accordance with AR 635-5, when Block 6 shows "Year 00, Month
00, Day 00," no entry is made in Block 18 showing DEP service.

3.  The applicant's records are correct; there is no error.

4.  Insofar as there is no error on the applicant's DD Form 214, there is
no need for the issuance of a DD Form 215.  The applicant's request for a
new DD Form 214 is, therefore, moot.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 July 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 27 July 1995.  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

__mhm___  __ena___  __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.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006114                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050707                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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