RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040011254


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Carol A. Kornhoff             |     |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, in effect, correction of his discharge
document.

2.  The applicant states, in effect, that his discharge document is
incorrect and should be corrected to show the date that he actually entered
the U.S. Army.

3.  The applicant provides a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty); DD Form 256A (Honorable Discharge
Certificate); Unqualified Resignation as an Exception to Policy, dated 24
March 1982; Certificate of Oath of Office, dated 23 September 1980; DA Form
71 (Oath of Office - Military Personnel), dated 23 September 1980; and
Office of The Adjutant General (OTAG), Reserve Components Personnel and
Administration Center (RCPAC), St. Louis, Missouri, Orders A-09-55848,
dated
19 September 1980.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 September 1982, the date of his discharge from the U.S.
Army.  The application submitted in this case is dated 29 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 military personnel records contain a DA Form 2-1
(Personnel Qualification Record).  Item 35 (Record of Assignments) of this
document shows that the applicant was commissioned as a medical corps
officer in the U.S. Army Reserve on 23 September 1980 and ordered to active
duty on 15 October 1980.

4.  The applicant's records contain OTAG RCPAC, AGUZ-RCA-AD letter, dated
19 September 1980, which shows that he was appointed as a commissioned
officer in the medical corps of the U.S. Army Reserve and that he accepted
his appointment, effective 23 September 1980.


5.  The applicant's records also contain OTAG, RCPAC, AGUZ-RCA-AD, Orders
A-09-55848, dated 19 September 1980, which show that the applicant was
ordered to active duty, for a period of four years, with a reporting date
of
15 October 1980.

6.  The applicant's personnel service records contain a DD Form 220 (Active
Duty Report), which shows in Item 6 (Effective Date of Entry on Active
Duty) the entry "15 Oct 80", and in Item 7 (Reporting Date), the entry "15
Oct 80".  This document also shows in Item 12 (Statement of Physical
Condition) that the applicant affirmed the information on this document by
annotating the document with the date and his signature.

7.  The applicant's records contain a DA Form 1059 (Service School Academic
Evaluation Report), dated 5 November 1980, which shows in Item 10 (Period
of Report), the entry "From:  801015, Thru:  801105", which accounts for
the period of time from when the applicant was ordered to active duty
through completion of his Army Medical Department (AMEDD) Officer Basic
Course.

8.  The applicant's records also contain a copy of U.S. Army Military
Personnel Center, Alexandria, Virginia, Orders 196-1, dated 24 November
1980, which show the applicant's date of rank for temporary grade of
lieutenant colonel in the Army of the United States (i.e., active duty) as
"15 Oct 80".

9.  The applicant's DD Form 214 shows he was honorably discharged, by
reason of unqualified resignation, effective 23 September 1982.  Item 12
(Record of Service), Section a (Date Entered Active Duty This Period), of
the document contains the entry "80 10 15", which represents 15 October
1980.  Item 12, Section e (Total Prior Inactive Service), contains the
entry "00 00 22", which represents 22 days.

10.  The applicant provides documentary evidence in support of his
application that includes his DA Form 71, Oath of Office Certificate,
Unqualified Resignation, and Honorable Discharge Certificate, which show
that he accepted his commission as an officer in the United States Army
Reserve, effective
23 September 1980, and that he was discharged from the U.S. Army, effective
23 September 1982.  The applicant also provides a copy of the orders which
ordered him to active duty and his DD Form 214, which offer further support
and documentary evidence regarding the applicant's military service dates.




11.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 12, Section a, of his DD
Form 214 should be corrected to read "80 09 23" because the date shown on
the document (i.e., "80 10 15") is in error.  The applicant further
contends that this error also causes Item 12, Section c, of the document to
be incorrect and that this section should be corrected to show "02 00 00",
indicating a total of 2 years of service.

2.  Evidence of records confirms that the applicant accepted his commission
in the U.S. Army Reserve, effective 23 September 1980; that he was ordered
to active duty in the U.S. Army, effective 15 October 1980; and that he was
discharged from active duty in the U.S. Army, effective 23 September 1982.

3.  Item 12a and Item 12b of the applicant's DD Form 214, correctly show
that he entered active duty on 15 October 1980 and that he was separated on
23 September 1982.  Item 12c of the document shows the correct net active
duty service during this period as "01 year, 11 months, and 09 days.  Item
12e of the document also shows the correct total of prior inactive service
as "00 years,
00 months, and 22 days".  Specifically, the entry in Item 12e accounts for
the period of time, from 23 September 1980 through 14 October 1980, which
the applicant served in the U.S. Army Reserve, prior to entering on active
duty on
15 October 1980.

4.  Therefore, the sum of the two periods of active and inactive service
that the applicant completed (as shown in Item 12c and Item 12e), when
added together, total a period of 02 years, 00 months, and 01 day, and
accurately documents the applicant's military service.

5.  The applicant provides documents which support the military service
dates and periods of service documented in his military personnel service
records.


6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 September 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 September 1985.  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

___JS___  __ENA__  __CAK __  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.




                                  _______John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011254                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19820923                                |
|DISCHARGE AUTHORITY     |AR 635-120, Chapter 3                   |
|DISCHARGE REASON        |Unqualified Resignation                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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