RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 January 2005
      DOCKET NUMBER:  AR2004106911


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |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 that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show as his dates of service
the period 31 March 1971 to 17 January 1990.

2.  The applicant states that his DD Form 214 does not show his correct
dates.  He needs a corrected copy to give to the Department of Veterans
Affairs.

3.  The applicant provides no supporting evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 January 1990.  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.  The applicant enlisted in the Regular Army on 31 March 1971.  He was
honorably discharged on 3 January 1973 for the purpose of immediate
reenlistment.  His DD Form 214 for this period of service is not available
in his service records.

4.  On 4 January 1973, the applicant reenlisted.  He was honorably
discharged on 30 October 1978 for the purpose of immediate reenlistment.
He was issued a DD Form 214 for the period 4 January 1973 through 30
October 1978.

5.  On 31 October 1978, the applicant reenlisted and had continuous active
duty until his discharge on 17 January 1990 under the provisions of Army
Regulation 635-200, chapter 13 for unsatisfactory performance after
approval by the U. S. Total Army Personnel Command.  He was issued a DD
Form 214 for the period 31 October 1978 through 17 January 1990.

6.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or
control of the Army.  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.
Effective 1 October 1979, it ended the requirement to prepare a DD Form 214
for enlisted members who are discharged for immediate reenlistment.  It
also provides that a DD Form 214 will not be reissued, once issued, except
under certain very restricted conditions.  A statement of service or a
transcript of military record may be issued to replace a lost DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Prior to 1 October 1979, a DD Form 214 was prepared for enlisted
personnel each time they were discharged for the purpose of immediate
reenlistment.

2.  The applicant should have received a DD Form 214 when he was honorably
discharged, from his 31 March 1971 enlistment, on 3 January 1973 for the
purpose of immediate reenlistment; however, one for this period of service
is not available in his service personnel records.  The applicant does not
state that he does not have his personal copy of this DD Form 214.  If he
does not, he may request a document to replace this DD Form 214 by sending
a Standard Form 180 (obtainable from the Internet, from his nearest
military installation, or from a veterans service organization) to the
National Personnel Records Center.

3.  The applicant should have received a DD Form 214 when he was honorably
discharged, from his reenlistment commencing on 4 January 1973, on
     30 October 1978 for the purpose of immediate reenlistment.  He was
issued a DD Form 214 for this period.  It will be provided to the
applicant.

4.  The applicant next reenlisted on 31 October 1978.  Since he thereafter
had continuous active duty until his discharge of 17 January 1990, his last
DD Form 214 properly covered the period only from 31 October 1978 through
17 January 1990.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 January 1990; therefore, the time
for   the applicant to file a request for correction of any error or
injustice expired on      16 January 1993.  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

__lds___  __jtm___  __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.




            __Linda D. Simmons___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106911                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050111                                |
|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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