RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 October 2004
      DOCKET NUMBER:  AR2004102130


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 separation
document
(DD Form 214).

2.  The applicant states, in effect, that the information contained on his
DD Form 214 is either incomplete or false.  He states that he tried to get
work using his
DD Form 214 and not even the government would hire him.

3.  The applicant provides a self-authored statement and a copy of his DD
Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 June 1981.  The application submitted in this case is
dated
2 January 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 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’s record shows that initially entered active duty on 8
December 1954.  He was trained in, awarded and served in military
occupational specialty (MOS) 622.10 (Engineer Equipment Repairer).

4.  On 16 November 1957, the applicant was honorably released from active
duty after completing 2 years, 11 months and 9 days of active military
service.  The DD Form 214 he was issued for this period of active duty
service shows that he earned the Marksman Qualification Badge with Rifle
Bar during this period of active duty service.

5.  On 10 February 1958, the applicant reentered active duty and
continuously served until being honorably separated for the purpose of
retirement on 20 June 1981.
6.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows he
was promoted to the rank of sergeant first class (SFC) on 25 June 1974 and
that this is the highest rank he attained while serving on active duty.  It
also shows that he completed three overseas tours in Germany and a tour in
the Republic of Vietnam between 1962 and 1981.  It also shows that he
earned the following awards during his tenure on active duty:  Vietnam
Service Medal with 3 bronze service stars, National Defense Service Medal,
Vietnam Campaign Medal with
60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation and
Army Good Conduct Medal (5th Award).

7.  There is an Application for Voluntary Retirement (DA Form 2339) on file
in the applicant’s Military Personnel Records Jacket (MPRJ).  This document
confirms that on 3 September 1980, he requested voluntary retirement on 1
July 1981.  It further shows that he would complete total of 26 years, 3
months and 29 days of active military service as of 30 June 1981, the date
of his release from active duty (REFRAD) for retirement.

8.  On 30 June 1981, the applicant was honorably REFRAD for the purpose of
retirement.  The DD Form 214 he was issued confirms he was separated under
the provisions of chapter 12, Army Regulation 635-200, by reason voluntary
length of service retirement.  This document also shows that based on the
authority and reason for his separation, the applicant was assigned a
separation program designator code of RBD and a reentry (RE) code of RE-4.
The applicant authenticated this document with his signature on the date of
his separation.

9.  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 information entered on the DD Form
214 will be taken from entries on the Personnel Qualification Record and
documents on file in the MPRJ.
10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of
RBD is the appropriate code to assign soldiers who are separated by reason
of voluntary retirement.  The SPD/RE Code Cross Reference Table establishes
that RE-4R as the proper reentry code to assign soldiers separated for this
reason.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the majority of the information
contained on his DD Form 214 was incorrect and has prevented him from
getting a job was carefully considered.  However, there is insufficient
evidence to support this claim.

2.  The evidence of record confirms the entries on the applicant’s DD Form
214 coincide with the entries contained on his DA Form 2-1 and with
documents and information on file in his MPRJ.  Further, the applicant
authenticated his DD Form 214 with his signature on the date of his
separation, thereby verifying that the information contained on the
separation document was correct at the time it was prepared and issued.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1981.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
29 June 1984.  However, he 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.

5.  Evidence shows that the applicant was properly assigned a reentry code
of RE-4 based on the authority and reason for his separation.  However, the

RE code should have been properly listed as RE-4R, to denote voluntary
retirement.  This is an administrative error that does not require action
by
the Board.  Therefore, an administrative correction of the applicant's
records
will be accomplished by the Case Management Support Division (CMSD),
St. Louis, Missouri, as outlined by the Board in paragraph 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JEA___  __DJ ____  __RJW__  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.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show he was assigned an RE-4R code to denote his
separation was based on his voluntary retirement; and by providing him a
corrected separation document that reflects this change to his reentry
code.




            _JAMES E. ANDERHOLM__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102130                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1981/06/30                              |
|DISCHARGE AUTHORITY     |AR 635-200 C12                          |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]