RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 JULY 2005
      DOCKET NUMBER:  AR20040009888


      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. 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.  In effect, the applicant requests that his DD Form 214 (Report of
Transfer or Discharge) which shows that he entered on active duty on 1
February 1956 be corrected to show that he entered on active duty on 1
February 1949.

2.  The applicant states that he entered the Army on 1 February 1949 and
served honorably for 21 years and 1 month.  His records should be
corrected.  He has told his family members that he served honorably for
that period of time and would like his records to reflect this.

3.  The applicant provides copies of documents depicted herein.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 February 1970.  The application submitted in this case
is dated 30 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 1 year on 1 February 1949.  He
was honorably discharged at Fort Sill, Oklahoma on 31 January 1950.

4.  The applicant reenlisted in the Army for 3 years on 1 February 1950.
His     DD Form 214 reflecting his discharge is unavailable.

5.  The applicant reenlisted in the Army for 3 years on 1 February 1953.
His      DD Form 214 reflecting his discharge is unavailable.

6.  The applicant enlisted in the Army for 6 years on 1 February 1956.  He
was honorably discharged on 29 March 1962.  This DD Form 214 was corrected
on 11 June 1975 to show his enlistment for 3 years on 1 February 1950, his
honorable discharge on 31 January 1953; his reenlistment for 3 years on
        1 February 1953, his honorable discharge on 31 January 1956; and
his reenlistment for 6 years on 1 February 1956.

7.  The applicant reenlisted for 3 years on 30 March 1962 and was honorably
discharged on 29 March 1965.  He reenlisted for 4 years on 30 March 1965
and was honorably discharged on 29 July 1969.

8.  The applicant reenlisted for 3 years on 30 July 1969.  He was honorably
discharged on 28 February 1970, and transferred to the Retired Reserve with
     21 years and 1 month of active service.

9.  The applicant’s application for voluntary retirement shows that he
served on continuous active duty from 1 February 1949 until 28 February
1970.

10.  Army Regulation 635-5 provides instructions for the preparation of the
       DD Form 214.  The versions of the regulation in effect throughout
the applicant’s military service called for a DD Form 214 to be prepared
and issued at the conclusion of a Soldier’s period of enlistment, or on the
day prior to the date of reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  There is no error in the applicant’s records.  His enlistment documents
show his dates of enlistment or reenlistment and the periods for which he
enlisted.

2.  His DD Form 214 showing that he enlisted on 1 February 1956 and was
discharged on 29 March 1962 is correct.  That DD Form 214, which the
applicant wants corrected was, in fact, corrected on 11 June 1975 to
reflect his service from 1 February 1950 to 31 January 1956.

3.  The applicant did have 21 years and 1 month of continuous honorable
active service in the Army.  That period of service is adequately shown on
the documents indicated herein.  There is no error or injustice.
Consequently, a correction of his DD Form 214 is not warranted.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    27 February 1973.  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                 |AR20040009888                           |
|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.       |110.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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