RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 January 2005
      DOCKET NUMBER:  AR2004106232


      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. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
he served on active duty for 6 months and to show he served 2 weeks [annual
training] per year until his discharge in 1973.

2.  The applicant states that he needs to buy back 6 months' credit from
the public school teacher's retirement system.

3.  The applicant provides his DD Form 214, an NGB Form 22 (Report of
Separation), and an undated DD Form 95 (Memo Routing Slip).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred in 1967.  The application submitted in this case is dated 22
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.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records which primarily
consist of the documents provided by the applicant; his DD Form 4
(Enlistment Record –Armed Forces of the United States); enlistment physical
examination; active duty for training (ACDUTRA) orders; and a DD Form 220
(Active Duty Report).

4.  The applicant was born on 25 August 1945.  He enlisted in the Army
National Guard (ARNG) on 30 April 1967.

5.  The undated DD Form 95 provided by the applicant states, "(applicant),
Your reporting date for 6 Months active duty is, 5 Jul6 1967.  Your
destination has not yet been Known, but will be forwarded as soon as
possible" (typographical errors in the original).

6.  The applicant's ACDUTRA orders gave him a reporting date to the U. S.
Army Reception Station, Fort Leonard Wood, MO of 5 July 1967 and an
advanced individual training in military occupational specialty (MOS) 62A
start date of       11 September 1967.  The orders noted his ACDUTRA would
be for a period of 19 weeks.

7.  The applicant's DD Form 214 shows he entered active duty on 4 July 1967
and was released from active duty on 1 November 1967 after completing
     3 months and 28 days of creditable active service.  He signed the DD
Form 214 in item 32 (Signature of Person Being Transferred or Discharged).

8.  The applicant was honorably discharged from the ARNG and as a Reserve
of the Army on 29 April 1973 after completing his statutory service
obligation.  His NGB Form 22, item 32 (Remarks) shows he completed active
duty for training from 4 July 1967 to 1 November 1967.  He signed the NGB
Form 22 in item 33 (Signature of Person being Discharged).

9.  Army Regulation 135-200 (Active Duty for Training, Annual Training, and
Active Duty for Special Work of Individual Soldiers) states, in pertinent
part, that nonprior service males under age 26 enlisted in the ARNG or the
U. S. Army Reserve will be ordered to initial active duty for training
(IADT) for the period required to qualify in the selected MOS or training
sufficient to be deployed.  Nonprior service males under age 26 must serve
on IADT for a period not less than 12 weeks.

10.  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.  It states that the DD Form 214 is a synopsis of the soldier’s
most recent period of continuous active duty.  It provides a brief, clear-
cut record of active Army service at the time of release from active duty,
retirement or discharge.

11.  Army Regulation 635-5 also states that a DD Form 214 will be issued
after completing 90 days or more of continuous active duty for training or,
if less than 90 days, after completing IADT which resulted in the award of
an MOS.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 95 provided by the applicant is noted; however, the
available evidence shows he was released from active duty after only 16
weeks.  His release from ACDUTRA after less than 6 months was not contrary
to regulation.  It appears he did not require a full 6 months in order to
qualify in MOS 62A.

2.  The evidence of record shows the applicant served in the ARNG for 6
years and presumably he served on 2 weeks' annual training for the duration
of his service.  However, his DD Form 214 was meant to be a snapshot in
time.  It was prepared to record his service as it was upon his release
from active duty on       1 November 1967.  Any active duty performed after
that date would not be authorized for entry on that DD Form 214 and new DD
Forms 214 would not have been issued since his annual training was for less
than 90 continuous days.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration in 1967; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired in 1970.  However, the applicant 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fne___  __rtd___  __ym____  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.




            ___Fred N. Eichorn____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106232                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050106                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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