RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 AUGUST 2005
      DOCKET NUMBER:  AR20040009474


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. James 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.  In effect, the applicant requests that the narrative reason for his
discharge on his 3 April 1987 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show that his discharge was
voluntary, vice the reason shown as “Reduction in authorized strength.”

2.  The applicant states that the reason, reduction in force, implies that
he was forced out, which is untrue.  He voluntarily left the service.  He
received no separation payments or no promises.  He is not applying for
anything from the government, but only wants the truth indicated on his DD
Form 214.  He served honorably for 12 years and is extremely proud of his
service.  He continues to support the military.  His assignments were
demanding, and he ran out of gas.  He served his required enlistment
(period) and voluntarily left the service in 1987.

3.  The applicant provides a copy of his 3 April 1987 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 April 1987.  The application submitted in this case is
dated          15 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 enlisted in the Army for 4 years on 3 March 1975.  He was
discharged on 15 November 1978.

4.  The applicant reenlisted in the Army for 3 years on 16 November 1978,
and reenlisted again for 3 years on 24 August 1981.  He was promoted to
staff sergeant on 22 November 1981.

5.  On 4 June 1984 the applicant reenlisted in the Army for 3 years.  He
was honorably discharged on 3 April 1987.  His DD Form 214 shows that the
authority for his discharge is Army Regulation 635-200, paragraph 16-8 and
                  DA message 071150Z Jan 87.  This message is not available
to the Board.  The narrative reason is shown as “Reduction in authorized
strength,” and the separation code is shown as “JCC.”

6.  The applicant’s Official Military Personnel File (OMPF) contains no
evidence regarding his discharge processing.

7.  Army Regulation 635-200, paragraph 16-8 provides for early separation
of Soldiers due to reduction in force, strength limitations, or budgetary
constraints, and states that Soldiers may be separated prior to expiration
of term of service when specifically authorized.  The Secretary of the
Army, or his designee, will authorize voluntary or involuntary early
separation as provided by the provisions of Title 10, United States Code.
The Commander, Total Army Personnel Command (PERSCOM) will implement this
program by issuing separation instructions pertaining to a specific class
or category of Soldiers.  Early separation is for the convenience of the
government.

8.  Army Regulation 635-5-1 prescribes the specific authorities, reasons
for separation from active duty, and the separation program designator
codes to be entered on DD Form 214.  The regulation indicates that a
voluntary discharge under the provisions of Army Regulation 635-200,
paragraph 16-8, would show a narrative reason for discharge as “Reduction
in Force,” with a separation code of “KCC.”  An involuntary discharge shows
the same narrative reason; however, requiring a separation code of “JCC.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged approximately 2 months prior to his
scheduled separation date, and while the specific reason for his discharge
cannot be determined, e.g., overstrength in military occupational
specialty, grade, etc., his separation code on his DD Form 214 indicates
that he was involuntarily discharged as a result of a reduction in force.
Nonetheless, whether voluntarily discharged, as the applicant contends, or
involuntarily discharged, as indicated by the separation code on his DD
Form 214, the narrative reason for his discharge is in accordance with
regulatory guidance.  There is no evidence, and the applicant has not
provided any, to indicate otherwise.  He has provided no evidence to show
that the reason for his discharge should be changed.

2.  Consequently, his request to correct the narrative reason for his
discharge on his 3 April 1987 DD Form 214 is denied.


3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 April 1987; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           2 April 1990.  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

__MM ___  ___JM __  ___JG __  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 Meyer_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009474                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|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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