RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 JULY 2005
      DOCKET NUMBER:  AR20040009186


      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. Ted Kanamine                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Lawrence Foster               |     |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 1999 Department of Defense
(DD) Form 214 (Certificate of Release or Discharge from Active Duty) be
corrected to show that he entered military service on 11 July 1975.

2.  The applicant states, that his 1999 separation document contains a
“grave mistake” in that it does not indicate that he entered military
service on 11 July 1975. He states that he “signed up for the military” on
11 July 1975, however, his 1999 separation document shows that he came into
the military in 1978.  He states that he reported for active duty on 29
July 1975, but that his “active duty date” on his current DD Form 214 shows
1 March 1978.  He notes that his retirement orders indicate that he
reported for active duty on 29 July 1975, but that it does not “take into
account [his] delayed entry time.”  He states he would like a corrected
separation document “that properly shows the correct time in service.”

3.  The applicant provides a copy of his 1999 DD Form 214, a copy of his
retirement orders, and several documents confirming he initially entered
military service on 11 July 1975.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 February 1999.  The application submitted in this case
is dated
21 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.  Records available to the Board indicate that the applicant enlisted in
the United States Army Reserve on 11 July 1975 and was discharged 18 days
later when he enlisted in the Regular Army for a period of 3 years.



4.  On 29 January 1978 the applicant was discharged for the purpose of
immediate reenlistment.  A DD Form 214 was issued for that 2 years, 6
months, and 1 day period of active Federal service and a copy of the form
was contained in his Official Military Personnel File.

5.  On 30 January 1978 the applicant reenlisted and continued to serve on
active duty until he was discharged on 28 February 1999 with sufficient
service for retirement.  Item 18 (remarks) on his February 1999 separation
document reflects the various periods of reenlistment by the applicant
between 1978 and 1999.  His prior active service (2 years, 6 months, and 1
day), captured on his 1978 separation document, is recorded in item 12d
(total prior active service) on his 1999 separation document.  His 18 days
in the United States Army Reserve is captured in item 12e (total prior
inactive service).

6.  Army Regulation 635-5, which establishes the policies and procedures
for the preparation and distribution of separation documents, provides, in
pertinent part, that a separation report (DD Form 214) will be prepared at
the conclusion of a period of active (emphasis added) Federal service.

7.  Prior to 1978 Army Regulation 635-5 required the preparation of a DD
Form 214 each time an enlisted Soldier was discharged from active service
for the purpose of immediate reenlistment.  Subsequent to 1978 a DD Form
214 was no longer prepared each time an enlisted Soldier was discharged for
immediate reenlistment in the Regular Army.  Rather, the individual’s
various reenlistment periods were captured in the remarks section, and
prior periods of military service occurring before the beginning date of
the DD Form 214, which were captured on previously issued separation
documents, were recorded in item 12d (total prior active service) and item
12e (total prior inactive service) on the final separation document, as
appropriate.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence does confirm that the applicant initially entered
military service on 11 July 1975 he did not enter active duty until 29 July
1975.  Because his service between 11 July 1975 and when he enlisted in the
Regular Army would not have been considered “active” service, that
information would not be reflected in his active duty service computation,
but rather is recorded under “inactive service.”




2.  In accordance with applicable regulations, his initial period of active
Federal service (29 July 1975 to 29 January 1978) and his 18 days in the
United States Army Reserve (11 July 1975 to 28 July 1978), are
appropriately captured in items 12d and 12e on his 1999 separation
document.  A copy of his initial separation document will be provided to
the applicant as part of this Board’s action.  As such, no error or
injustice exists on his 1999 separation document.

3.  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.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 February 2002.  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

___TK __  ___JM___  ___LF___  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.




                                  _____ Ted Kanamine_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009186                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050719                                |
|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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