RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 June 2004
      DOCKET NUMBER:   AR2004101027


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Samuel A. Crumpler            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Linda M. Barker               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 item 12a (Date Entered AD This Period) of
his DD Form 214 (Certificate of Release or Discharge from Active Duty) for
the period ending 31 January 1996 be corrected to read 13 January 1976 and
that item 12h (Effective Date of Pay Grade) be corrected to read 1
September 1993.

2.  The applicant states that his basic active service date (BASD) is 13
January 1976 and that he was promoted to pay grade E-8 on orders dated 27
July 1993.

3.  The applicant provides his DD Form 214, his promotion orders, and his
retirement orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on     31 January 1996.  The application submitted in this case is dated 12
November 2003.

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 limitation 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. Army Reserve (Delayed Enlistment)
on     12 December 1975.  He enlisted in the Regular Army on 13 January
1976.  He was honorably discharged on 13 July 1978 for the purpose of
immediately reenlisting on 14 July 1978.  He was honorably discharged again
on                  24 September 1979 for the purpose of immediately
reenlisting on 25 September 1979.  DD Forms 214 for these two periods of
service are not available and he was later issued a Certification of
Military Service showing he was a member of the Regular Army from 13
January 1976 to 8 September 1979.

4.  The applicant was promoted to Master Sergeant, E-8 effective 1
September 1993.  He was laterally appointed to First Sergeant, E-8 on 1
June 1995.

5.  After having had continuous active duty, the applicant was released
from active duty on 31 January 1996 for the purpose of retirement.  Item
12a of his
DD Form 214 for the period ending 31 January 1996 shows he entered active
duty that period on 25 September 1979.  Item 12h erroneously shows his
effective date of pay grade as 31 January 1995. Item 12d (Total Prior
Active Service) erroneously shows he completed 2 years, 6 months, and 1 day
of prior active service.

6.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service.  It establishes standardized policy for the preparation of the DD
Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis
of the soldier’s most recent period of continuous active duty.  Prior to 1
October 1979, a DD Form 214 was issued to soldiers who were discharged for
the purpose of immediate reenlistment.  Effective 1 October 1979, the need
to prepare a DD Form 214 for enlisted members who are discharged for
immediate reenlistment was ended.

7.  Army Regulation 635-5 also states that a DD Form 214 will not be
reissued to replace record copies or DD Forms 214 lost by service members.
If no DD Form 214 is available, a statement of service or transcript of
military record may be issued.

DISCUSSION AND CONCLUSIONS:

1.  Item 12a of the applicant's DD Form 214 for the period ending 31
January 1996 properly reflects the date of his reenlistment on 25 September
1979.  He should have received a DD Form 214 when he was honorably
discharged on    12 July 1978 and on 24 September 1979.  It appears those
DD Forms 214 were lost and a Certification of Military Service was issued
to replace them.  However, the Certification of Military Service shows the
incorrect "to" date.  It should read 24 September 1979, not 8 September
1979.

2.  Item 12d of the DD Form 214 tracks active service prior to any DD Form
214 issued after 1 October 1979.  However, item 12d of the applicant's DD
Form 214 for the period ending 31 January 1996 is incorrect in that it
reflects he had only   2 years, 6 months, and 1 day of prior active
service.  It should reflect that he had 3 years, 8 months, and 12 days of
prior active duty:

      79  09  24
          -76  01  13
        3     8  11
          +              1 day inclusive
         =  3    8   12

3.  Item 12h of the applicant's DD Form 214 for the period ending 31
January 1996 is also incorrect.  He was promoted to pay grade E-8 effective
1 September 1993.  He was laterally appointed to First Sergeant, pay grade
E-8 on 1 June 1995.  It cannot be determined what the entry of 31 January
1995 is based on.

BOARD VOTE:

__sac___  __le____  _lmb____  GRANT 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 all Department of the Army Records
of the individual concerned be corrected by:

     a.  amending item 12d of his DD Form 214 for the period ending 31
January 1996 to show he had 3 years, 8 months, and 12 days of prior active
service;

     b.  amending item 12h of his DD Form 214 for the period ending 31
January 1996 to show his effective date of pay grade as 1 September 1993;
and

     c.  issuing to him a new Certification of Military Service showing he
was a member of the Regular Army from 13 January 1976 to 24 September 1979.

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
amending item 12a of his   DD Form 214 for the period ending 31 January
1996 to read 13 January 1976.




            __Samuel A. Crumpler__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101027                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040629                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |