RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040010920


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Marla Troup                   |     |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 enlistment contract to show
his active service in the Navy.

2.  The applicant states that his active Navy service time was never
entered on his Army contract.

3.  The applicant provides his enlistment contracts in the Army Reserve and
the Navy Reserve; his active duty orders as a member of the Reserve
Component; and three DD Forms 214 (Certificate of Release or Discharge from
Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 January 1999.  The application submitted in this case is
dated 22 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 enlisted in the U.S. Navy Reserve on 25 July 1986 for a
period of 8 years.

4.  He was ordered to active duty on 28 July 1986 and was released from
active duty on 27 July 1989.  His DD Form 214 for the period ending 27 July
1989 shows he completed 3 years of active military service during the
period covered by the report and 2 days prior inactive service.  He was
transferred to the Naval Reserve Personnel Center on 28 July 1989.

5.  He was ordered to active duty on 20 September 1989 and was released
from active duty on 30 December 1994.  His DD Form 214 for the period
ending 30 December 1994 shows he completed 5 years, 3 months and 11 days
active military service during the period covered by the report.  This
discharge document shows he completed 3 years total prior active service
and 1 month and 25 days total prior inactive service.  His DD Form 214
shows he was discharged yet he was transferred back to the Naval Reserve
Personnel Center on 31 December 1994.

6.  He apparently enlisted in the Regular Navy on 30 January 1996 and was
discharged on 5 December 1997.  His DD Form 214 for the period ending
5 December 1997 shows he completed 1 year, 10 months and 6 days total
active military service during the period covered by the report.  This
separation document also shows he completed 8 years, 3 months and 10 (sic)
days total prior active service and 1 month and 22 (sic) days total prior
inactive service.  This DD Form 214 shows he was discharged yet he was
transferred back to the Naval Reserve Personnel Center on 6 December 1997.


7.  The applicant enlisted in the U.S. Army Reserve on 8 January 1999 in
pay grade E-4.  Block 7 (Previous Military Service Upon
Enlistment/Reenlistment) on his enlistment contract does not show he served
any prior active military service or prior inactive military service.

8.  The applicant is currently serving in the U.S. Army Reserve in the rank
of specialist, pay grade E-4.

DISCUSSION AND CONCLUSIONS:

1.  While in the Navy, the applicant served on active duty from 28 July
1986 through 27 July 1989; 20 September 1989 through 30 December 1994; and
30 January 1996 through 5 December 1997.

2.  Calculations show the applicant completed 10 years, 1 month and 17 days
total prior active service.

3.  Therefore, it would be appropriate to amend his enlistment contract
dated 8 January 1999 to reflect 10 years, 1 month and 17 days total prior
active service in Block 7.

BOARD VOTE:

KN______  WP______  MT______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that the enlistment contract dated 8 January
1999 of the individual concerned be corrected by amending Block 7a to show
10 years, 1 month and 17 days total active military service.




                            Kathleen Newman_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010920                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |112.0000                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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