RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 December 2004
      DOCKET NUMBER:  AR2004104881


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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 Item 17c (Date of
Entry) of his separation document (DD Form 214).

2.  The applicant states, in effect, that his DD Form 214 erroneously lists

22 September 1968 as his entry date when in fact he entered active duty on
22 September 1966.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 22 September 1968.  The application submitted in this case
is dated 25 February 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.  A Record of Induction (DD Form 47) on file in the applicant’s Military
Personnel Records Jacket (MPRJ) confirms in Item 22a (Date of Induction)
that he was inducted and entered active duty on 22 September 1966.  This
document was signed by a responsible officer of the Armed Forces
Examination and Entrance Station (AFEES), Milwaukee, Wisconsin, the
applicant’s induction station.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 1 (Enlisted, Inducted, Reenlisted, Extended and/or OAD), that the
applicant entered active duty on 22 September 1966.  It further shows he
was trained in and awarded military occupational specialty (MOS) 05B (Radio
Teletype Operator) and the highest rank he attained while serving on active
duty was sergeant (SGT).

5.  On 16 July 1968, the applicant voluntarily extended his two-year
induction of 22 September 1966 by three months.  However, there is no
indication that a separation document was issued when he extended and his
Military Personnel Records Jacket (MPRJ) does not contain a DD Form 214
issued in connection with this extension of his enlistment.

6.  On 16 December 1968, the applicant was honorably released from active
duty, by reason of expiration of his term of service (ETS).  Item 22
(Statement of Service) of the DD Form 214 he was issued upon his separation
shows, in Item 22a (Creditable for Basic Pay Purposes), that he completed 2
months and
25 days of net service this period, 2 years of other service and 2 years, 2
months and 25 days of total service.  Item 22b (Total Active Service) shows
he completed 2 years, 2 months and 25 days of active military service.

7.  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.
The regulation in effect at the time provided for entering the beginning
date of the continuous period of active duty for which a DD Form 214 was
not previously issued as the “Date of Entry.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the date of entry contained in Item 17c
of his DD Form 214 incorrectly reads 22 September 1968 and should in fact
read
22 September 1966 was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was inducted into the
Army and entered active duty on 22 September 1966.  It further shows that a
DD Form 214 was not issued to the applicant when he extended his enlistment
on 16 July 1968.  As a result, the date entered in Item 17c and the service
dates recorded in Item 22 of his DD Form 214 are not accurately reflected.


3.  In view of the facts of this case, it would be appropriate to amend
Item 17c of the applicant’s 16 December 1968 DD Form 214 by deleting the
current entry and replacing it with the entry “22 SEP 66”.  Item 22 should
also be amended as follows:  Item 22a(1) - delete the current entry and
replace it with the entry
“2 years, 2 months, 25 days”; and Item 22a(2) - delete the current entry
and replace it with the entry “0 years, 0 months, 0 days”.
BOARD VOTE:

___FE___  __SES__  __PMS__  GRANT 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 showing amending his 16 December 1968
DD Form 214 as follows:  Item 17c - delete the current entry and replace it
with the entry
“22 Sep 1966”; Item 22a(1) - delete the current entry and replace it with
the entry “2 years, 2 months, 25 days; Item 22a(2) - delete the current
entry and replace it with the entry  “0 years, 0 months, 0 days”; and by
providing him a corrected separation document that includes these changes.





            ____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104881                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/12/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/16                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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