RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 March 2005
      DOCKET NUMBER:  AR2004106889


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 by
showing in Item 22(a)2 (Other Service) 0 years.  Item 22(a)3 (Total
Service) should show
4 months and 2 days.

2.  The applicant states that his DD Form 214, Item 22(a)2 shows 2 months
and 9 days of inactive service that should not be shown.  Item 22(a)3 shows

6 months and 11 days, which includes the total active service and total
inactive service.  He believes that Item 22(a)3 should show total active
service which equals 4 months and 2 days.  The applicant believes the
changes will affect his Office of Personnel Management benefits
computations.

3.  The applicant provides in support of his request a copy of his DD Form
214, issued on 21 August 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 August 1971.  The application submitted in this case is
dated 31 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 12 February 1971, the applicant enlisted in the United States Army
Reserve (USAR) for a period of 6 years and an assignment to the 825th
Support Company Willmar, Minnesota.  On 22 April 1971, after being in the
USAR for approximately 2 months and 9 days, he was ordered to active duty
for completion of training.  He completed the training requirements and he
was awarded military occupational specialty (MOS) 76Y (Supply Specialist).


4.  On 21 August 1971, the applicant was released from active duty for
training and transferred to the USAR.  He was issued a DD Form 214 for the
period of service from 22 April to 21 August 1971:  Item 22(a)1 shows he
completed
4 months and 2 days of net service this period (active service);  Item
22(a)2 show he completed 2 months and 9 days of other service (inactive
service); and Item 22(a)3 shows his total service (active and inactive
service) equaled 6 months and 11 days.

5.  On 28 March 1977, the applicant was honorably discharged from the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214, issued on 21 August 1971, appropriately
shows his other service (creditable for basic pay purposes)" equals 2
months and 9 days.

2.  The applicant's DD Form 214 also correctly shows his total active
service equals 4 months and 2 days and his total service equals 6 month and
11 days.  This is a computation of his active service and inactive service.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 August 1974.  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

__fe____  __mkp___  __cak___  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 Eichorn
            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106889                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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