RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040010013


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) be corrected in item 17c
(Current Active Service Other Than By Induction) be changed to reflect the
correct date.

2.  The applicant states that his DD Form 214 does not show the actual date
of his entry on active duty for basic training at Fort Campbell, Kentucky.
He further states the date should be between 25 January 1971 and 5 February
1971 and does not reflect the total period of his active duty service.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 July 1971.  The application submitted in this case is dated
8 November 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 DD Form 4 (Enlistment Contract – Armed Forces of the
United States), dated 7 July 1970, shows he enlisted in the United States
Army Reserve (USAR) for a period of 6 years.  He was assigned to the 442
Services Company, Bellefonte, Pennsylvania.

4.  The applicant’s DD Form 214 shows in item 17a(c) (Source of Entry)/
(Date of Entry) that he was ordered to Active Duty for Training (ADT) for
training in the military occupational specialty 76A10( Supply Specialist)
effective 31 March 1971.

5.  Item 11a (Type of Transfer or Discharge) of the applicant’s DD Form 214
shows he was released to the United States Army Reserve (USAR) effective
28 July 1971.  Item 30 (Remarks) shows the applicant was released from
active duty and returned to the USAR to complete his remaining service
obligation of
4 years and 11 months.

6.  The applicant's DD Form 214 for the period ending 28 July 1971 shows he
completed 3 months and 28 days of active duty service during the period
covered by the report.  The DD Form 214 also shows he was credited with 8
months and 24 days of prior USAR service.

7.  The applicant’s DA Form 20 and Personnel Qualification Record-Part II
show the applicant entered Basic Combat Training on 12 April 1971.  These
records also show the applicant served on active duty for two week
intervals for the period 11 August 1972 to 10 August 1975.

8.  Letter Orders Number T-3-657, dated 15 March 1971 show the applicant
was ordered to Active Duty for Training (ADT) at Fort Campbell, Kentucky
for
his military occupational specialty (MOS) training for a period of 17 weeks
or upon completion of training.  These orders also show the applicant’s
report date to Fort Campbell was 31 March 1971 for the purpose of entering
Basic Combat Training on 12 April 1971 and Advanced Individual Training on
6 June 1971.

9.  There are no additional orders which show the applicant had an earlier
date for Basic Combat Training.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active Army service at the time of release from
active duty, retirement or discharge.

11.  Army Regulation 635-5, paragraph 2-1a (2) states, in part, that a DD
Form 214 will be prepared for Reserve component Soldiers completing 90 days
or more of continuous active duty for training.

12.  The applicant may request an official statement of service to include
periods of active duty.  He may forward his request for a statement of
service to Commander, Human Resources Command, Attention: AHRC-PAV-V, 1
Reserve Way, St. Louis, Missouri  63132-5200.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be credited with active duty
service for a period between 25 January 1971 and 5 February 1971.  However,
there is no evidence the applicant started basic training in January or
February of 1971.


2.  The evidence of record confirms that he entered basic combat training
on
12 April 1971 as shown on his DD Form 214.  Letter Orders T-3-657 clearly
show he entered Basic Combat Training on 12 April 1971 and Advanced
Individual Training on 6 June 1971.  These orders are consistent with other
documents in the applicant’s military record.  Therefore, there is
insufficient evidence upon which to base granting the applicant additional
service credit.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 July 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 27 July 1974.  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

__JEA    _  __BPI___  __MJF __  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.





                                  ___ James E. Anderholm___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010013                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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