RECORD OF PROCEEDINGS


           IN THE CASE OF:

      BOARD DATE:            27 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040011209


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald Blakely                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 that one year of service be added to his DD Form
214 (Report of Separation from Active Duty).

2.  The applicant states he was on active duty from 29 August 1983 to 10
August 1984 and this service is missing from his DD Form 214.  He also
states this period of service is required to complete his civilian
retirement.

3.  The applicant provides State of Texas Orders 161-7, dated 23 August
1983.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 September 1984.  The application submitted in this
case is dated 5 December 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 National Guard on 19 October 1976.
Upon completion of basic training and advanced individual training he was
awarded the military occupational specialty (MOS) 11B (Infantryman).  On 10
March 1977 the applicant was released from Active Duty for Training (ADT)
and returned to his National Guard unit of assignment.

4.  The DD Form 214 on file in the applicant's military service records
shows he was on ADT from 14 November 1976 to 10 March 1977.  This is the
only period of active duty shown in the applicant's record.

5.  State of Texas Orders show that the applicant was ordered to Full Time
Training Duty (FTTD) for the period 29 August 1983 to 10 August 1984.

6.  The applicant's NGB Form 23 (Army National Guard Retirement Credits
Record) from the TXARNG shows that he was credited with 51 retirement
points for the 29 August 1983 to 18 October 1983 and 296 retirement points
for the period 19 October 1983 to 10 August 1984.

7.  Section 12732 of Title 10 governs entitlement to retired pay for non-
regular service.  Section 12732a (2) states that one point will be credited
for each day of active service or full time service under Title 32; one
point will be credited for attendance at a drill or period of equivalent
instruction; and points at the rate of 15 per year will be credited for
membership in a reserve component of an armed force.

8.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It
states, in pertinent part, that a DD Form 214 will be prepared for all
personnel at the time of their retirement, discharge or release from Active
Army.  Personnel included are members of the Army National Guard of the
United States (ARNGUS) and the US Army Reserve (USAR) after completing 90
days or more of continuous ADT, full-time training duty (FTTD), or active
duty supports, and completion of initial active duty for training which
resulted in the award of a military occupational specialty (MOS) even
though the active duty was less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  State of Texas orders show the applicant was ordered to active duty for
the period 29 August 1983 to 10 August 1984.  By regulation a DD Form 214
should have been issued for this period of service.

2.  The NGB Form 23 verifies the applicant's service for the time
prescribed by the State of Texas orders.  This is shown by his record being
credited with the appropriate amount of retirement points.

3.  Considering all of the above, and in accordance with regulations, the
applicant is entitled to a DD Form 214 to show this service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 September 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 September 1987.  The applicant did not file within
the 3-year statute of limitations, however, and he has provided a
compelling explanation and evidence to show that it would be in the
interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

____RB _  ___LF___  ___LD __  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 all Department of the Army records of the
individual concerned be corrected by issuing a DD Form 214 for the period
29 August 1983 to 10 August 1984.




                                  _____Ronald Blakely________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011209                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |HONORABLE                               |
|DATE OF DISCHARGE       |19840910                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |100.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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