RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2005
      DOCKET NUMBER:  AR20040008564


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 18 December 1990 DD Form 214
(Certificate of Release or Discharge) be corrected at items 11 (Primary
Specialty), 12a (Date of Entry onto Active Duty this Period), and 12c (net
active service this period).

2.  The applicant states, in effect, that his orders indicate he entered
active duty on 18 December 1984 and as such he served on active duty for 6
years, and would have had a total of over 18 years of Federal service.

3.  The applicant provides copies of a 1990 DD Form 214, 1984 Army Reserve
Components Personnel and Administration Center (ARPERCEN) Orders A-10-
001575, 1984 Kentucky Army National Guard (KYARNG) Orders 205-1, and 1990
Army Transportation Center Orders 263-30.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 December 1990, the date of his release from active duty.
The application submitted in this case is dated 14 October 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's record shows he first enlisted the Marine Corps with
active service from 23 December 1964 through 17 January 1969 and Marine
Corps Reserve service from 18 January 1969 through 9 September 1970.

4.  The applicant enlisted in the Regular Army and served in an enlisted
status from 10 September 1970 through 17 October 1971.  On 10 October 1971
he received a Reserve warrant officer commission (WO1), served in the
military specialty of 100B0 (Utility Helicopter Pilot) until 11 July 1972,
and was transferred to the USAR Control Group (Standby).

5.  ARPERCEN Letter Orders Number 06-120751, dated 5 June 1974, discharged
the applicant from the USAR Control Group (Standby), on 6 June 1974, for
failure to maintain an active status.

6.  The record does not contain any indication of any military status
between 7 June 1974 and his first period of active duty for training (ADT)
in the KYARNG on 27 September 1983.

7.  He entered the KYARNG as a warrant officer in the MOS 100B0 (Utility
Helicopter Pilot) serving several periods of ADT between 27 September 1983
and 9 September 1984.

8.  KYARNG Orders 205-1, dated 17 October 1984, transferred the applicant
from his unit to Headquarters effective 17 December 1984.  It noted that
the applicant was to enter active duty on 18 December 1984 for 4 years.

9.  ARPERCEN Orders A-10-001575, dated 30 October 1984, ordered the
applicant to active duty with an accession date of 18 December 1984, a
reporting date of 6 January 1985, and a 4-year active duty commitment.

10.  Upon entry on active duty the applicant attended officer training and
continued on active duty.

11.  On 24 January 1990 the applicant was notified that he had been
nonselected for voluntary indefinite (VI) status.  He was also notified
that this constituted a nonselection for retention on active duty and that
he would be released at the end of his active duty service obligation.

12.  Army Transportation Center Orders 263-30, dated 20 September 1990,
indicates that applicant was assigned to the Transition Processing Unit
with a reporting date of 18 December 1990 for release from active duty,
effective the same date.  It indicates that his separation pay was based on
17 years, 11 months, and 23 days of active Federal service.

13.  The applicant's 18 December 1990 DD Form 214 lists his Primary
Specialty (item 11) as an 880A1, Marine Deck Officer with 17 years in that
specialty.  It shows his date of entry onto active duty (item 12a) as 4
January 1985 and that he served for 5 years, 11 months, and 15 days for a
total of 17 years, 11 months and 23 days of active duty and 2 years, 8
months, and 7 days of inactive service. The DD Form 214 shows he was
transferred to the USAR Control Group (Reinforcement) with no Reserve
obligation termination date.

14.  Army Regulation 600-8-6 (Personnel Accounting and Strength Reporting)
defines an accession of personnel as the official increase of strength in
the Active Army and requires all accessions to be reported on the actual
date they occur.  The accession date is defined as the date a Soldier is
accepted for service or changes military personnel components.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from the KYARNG on 17 December 1984 for the
purpose of entering active duty.  Although he was given an accession date
of 18 December 1984, he has provided no documentation to indicate he
actually entered active duty earlier than the 4 January 1985 date indicated
on his DD Form 214.

2.  Therefore, there is insufficient evidence to warrant a correction of
the date of entry onto active duty for this period of service.

3.  Without a favorable finding that the applicant entered active duty
prior to the 4 January 1985 date, the remainders of the applicant's
requests are rendered moot.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 December 1990; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 December 1993.  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

___JRM __  __WDP_  __RLD __  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.




                                  _      William D. Powers________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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