RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040011525


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. 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, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) with a separation date of 4 June
1980 be corrected to show 2 years and 24 days of net active service.

2.  The applicant states, in effect, that Item 12c (Net Active Service This
Period) on his DD Form 214 is incorrect.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 June 1980, the date of his discharge.  The application submitted in this
case is dated 13 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's military records show he enlisted on 28 June 1978 for a
period of 4 years.  He successfully completed basic combat and advanced
individual training and was awarded the military occupational specialty
15D10 (lance missile crewman).  The highest grade the applicant held was
private/pay
grade E-2.

4.  On 4 June 1980, the applicant was discharged under the Expeditious
Discharge Program for failure to maintain acceptable standards for
retention.  He had completed 1 year, 11 months and 7 days of active service
that was characterized as under honorable conditions.

5.  Item 12a (Date Entered AD (active duty) This Period) of the applicant's

DD Form 214 contained the entry 78 06 28 (1978 June 28).

6.  Item 12b (Separation Date This Period) of the applicant's DD Form 214
contained the entry 80 06 04 (1980 June 4).

7.  Item 12c (Net Active Service This Period) of the applicant's DD Form
214 contained the entry 00 01 07 (zero years, 1 month and 7 days).

8.  Item 21 (Time Lost) of the applicant's DA Form 2-1 (Personnel
Qualification Record) did not show any periods of lost time.

9.  Army Regulation 635-5 (Separation Documents) established the
standardized policy for preparing and distributing the DD Form 214.  The
regulation provides, in pertinent part, that the beginning date of the
continuous period of active duty (AD) for which the DD Form 214 is being
issued, be entered in item 12a of the DD Form 214.  This regulation also
provides that the date of separation be entered in item 12b and that the
net service for the period shown is computed by subtracting item 12a from
item 12b and then deducting any lost time and non-creditable service after
date of discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the net service currently shown in Item 12c
of his DD Form 214 should be 2 years and 24 days.

2.  The records do not contain any entries showing any lost time.
Therefore, all time computed is day for day service without adjustments for
lost time.

3.  Computation of the applicant's net service in accordance with Army
Regulation 635-5 shows that his net service is 1 year, 11 months and 7
days.  Therefore, the entry in Item 12c of the applicant's DD Form 214
should
read 01 11 07.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 4 June 1980, the date of discharge; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on
3 June 1983.  The applicant did not file within the 3-year statute of
limitations.  However, the compelling evidence shows that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___cak__  ____jns__  ____ena_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 amending Item 12c of
the applicant's DD Form 214 to read 01 11 07 instead of 00 01 07.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
net active service in excess of 1 year, 11 months and 7 days.





                            __________John N. Slone_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011525                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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