RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 8, 2005
      DOCKET NUMBER:  AR2004105785


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |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 that his most recent Certificate of Release or
Discharge (DD Form 214) be corrected to reflect the active duty service
that he performed in Grenada in 1984 and in Cuba in 1994.

2.  The applicant states that he had two active duty tours, one in Grenada
in 1984 and the other in Cuba in 1994 and neither is reflected on his most
recent DD Form 214.  He states that a recent reconciliation reveals that
approximately 55 days of active duty time was omitted from his DD Form 214.
 He states that not checking his DD Form 214 for accuracy at the time of
issuance was entirely his fault and that he takes full responsibility to do
so; however, active duty points have become very important lately since he
has accepted a position with the United States Department of Agriculture.

3.  The applicant provides in support of his application a copy of orders
dated 30 September 1994, deploying in support of operation Uphold
Democracy; a copy of his final DD Form 214; a copy of orders dated 19 June
1992, ordering him to active duty training (ADT); a copy of orders dated 16
September 1992, amending his ADT orders; copies of pay vouchers reflecting
the times and dates he spent on active duty; a copy of orders dated 7
January 1992, ordering him to active duty in support of operation
Guantanamo; a copy of orders dated 7 February 1984, ordering him to active
duty to fulfill active components contingency mission in support of
operation Urgent Fury; a copy of a statement of administrative processing
for overseas deployment; a copy of his application to file for family
separation allowance for operation Urgent Fury; a request for travel orders
dated 5 September 1984; ADT orders dated 13 October 1970; a copy of his DD
Form 214 for the period covering 25 November 1970 through 11 April 1971; a
copy of his chronological statement of retirement points; and a copy of
orders dated 7 December 1991, ordering him to annual training.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 28 October 1994.  The application submitted in
this case is dated 12 March 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.  On 1 June 1970, he enlisted in the United States Army Reserve (USAR)
for 6 years in the pay grade of E-1.  Orders were published on 13 October
1970, ordering him to ADT effective 25 November 1970.  He was honorably
released from active duty on 11 April 1971, upon completion of his ADT and
he was transferred to the USAR to complete his remaining Reserve
obligation.  He had completed 4 months and 17 days of net active service
this period and he was furnished a DD Form 214 to reflect his active
service.

4.  The applicant remained in the USAR through a series of continuous
reenlistments.

5.  On 7 February 1984, orders were published ordering the applicant to
active duty in Grenada, West Indies, effective 7 February 1984, for the
purpose of fulfilling an active components contingency mission in support
of operation Urgent Fury.  He was released from active duty on 17 March
1984, and he returned to his unit of assignment to complete his USAR
obligation.  He had completed 39 days of active duty for this period of
service.

6.  On 7 January 1992, deployment orders were published ordering the
applicant to active duty for a period of 90 days for the purpose of
participation in operation Guantanamo, in Guantanamo Bay, Cuba.  He was
released from active duty and he returned to his duty station on 9 April
1992.  He had completed 89 days of total active duty during this period of
service.  Shortly thereafter, orders were published on 19 June 1992,
ordering the applicant to active duty training for 14 days.

7.  Orders were published on 30 September 1994, deploying him to Guantanamo
Naval Station, Cuba, in support of operation Uphold Democracy, with an
effective date of 1 October 1994, for a period not to exceed 90 days.  On
21 October 1994, his deployment orders were amended to read that his number
of days on active duty would not exceed 66 days.



8.  On 25 October 1994, an officer, of Headquarters Headquarters Company
(HHC), 358th Civil Affairs Brigade, forwarded a memorandum to the
Commander, HHC, 96th Civil Affairs Battalion, to be used as certification
that the applicant was assigned to Army Forces Command, Guantanamo Bay,
Cuba, and that he was performing on active duty for the period covering 23
August through 14 October 1994.

9.  A DD Form 214 was prepared for the applicant releasing him from active
duty and reflecting his active duty service in Guantanamo Bay, Cuba.  The
DD Form 214 shows his date entered on active duty this period as 23 August
1994 and his separation date for this period as 28 October 1994.  The DD
Form 214 also reflects that he completed 2 months and 6 days of net active
service for this period; that he had 7 months and 16 days of total prior
active service; and that he had no foreign service.

10.  Army Regulation (AR) 635-5 serves as the authority for the preparation
of the DD Form 214.  It states, in pertinent part, that the information
contained on the DD Form 214 will apply only to the period of service
covered by the DD Form 214 except where otherwise specified.  AR 635-5 also
provides that the amount of total prior active military service less lost
time, if any, be entered on his DD Form 214 and that the total amount of
foreign service completed during the period covered in block 12c also be
entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  It appears that during the preparation of the applicant’s DD Form 214
information pertaining to his prior active service and his foreign service
was either erroneously omitted or not properly annotated.

2.  The evidence of record shows that he had foreign service during the
period of service covered by his final DD Form 214.  Therefore, in
accordance with the applicable regulation, his foreign service should be
included on his DD Form 214.

3.  Additionally, his DD Form 214 shows that he had 7 months and 16 days of
total prior active service which is inconsistent with the information
contained in published orders and official documentation maintained in his
official record.  His official record shows that he had more than the 7
months and 16 days of total prior active service currently reflected on his
DD Form 214.  Accordingly, his total prior active service should be
recalculated and his DD Form 214 should properly reflect all of his total
prior active service.



BOARD VOTE:

mkp_____  sap_____  slp_____  GRANT FULL 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 amending the DD Form 214 for the
period covering 23 August 1994 through 28 October 1994 to include all of
his total prior active service and his foreign service for the inclusive
dates shown on his final DD Form 214.



                            ____Margaret K. Patterson___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105785                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  198  |110.0000.0000/SEPARATION DOCUMENTS      |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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