RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050000060


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Ms. Carol 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 item 12d (Total Prior Active
Service) on his 1995 separation document be corrected to show an additional
2 months and 5 days of active service.

2.  The applicant states, in effect, that he was told his initial period of
active duty in 1972 could not be included on his 1995 separation document
because that service was less than honorable.  However, he notes he
recently requested a copy of his 1972 separation document and discovered
the period of service was honorable.

3.  The applicant provides a copy of his 1972 separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 December 1995.  The application submitted in this case
is dated
23 December 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 limitations 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.  Records available to the Board indicate the applicant initially
enlisted in the Regular Army on 28 September 1972.  His initial enlistment
contract indicated his date of birth was 23 September 1955 and his parents
signed a consent form enabling the applicant to enlist as a minor.

4.  According to a statement signed by the Station Commander at the Army
Recruiting Station in Bristol, Virginia, the applicant's mother contacted
the Recruiting Station on 27 October 1972 to inform them that she had
located a copy of the applicant's birth certificate confirming his date of
birth as
23 September 1956 and not 1955 as originally indicated in his enlistment
documents.

5.  In a 21 November 1972 statement the applicant indicated that his
parents signed for him to enlist because his date of birth was believed to
be in 1955 but his mother subsequently located a copy of his birth
certificate confirming his date of birth was in 1956.

6.  As a result of the erroneous birth information, the applicant's 28
September 1972 enlistment was voided and the applicant was honorably
discharged on
27 November 1972 under the provisions of Chapter 7, Army Regulation 635-
200. At the time of his discharge he had 2 months and 5 days of active
Federal service.  A Department of the Army Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) was issued.

7.  On 30 September 1974 the applicant again enlisted in the Regular Army
and was discharged on 4 May 1977 after 2 years, 7 months, and 5 days, for
the purpose of immediate reenlistment.  His 1974 enlistment contract made
no mention of his prior active Federal service.

8.  Following the applicant's 5 May 1977 enlistment action he continued to
serve without a break in service until 31 December 1995 when he retired for
length of service.  Item 12d on his 1995 separation document reflects his 2
years, 7 months, and 5 days of service between 1974 and 1977, but does not
include his 2 months and 5 days of service in 1972.

9.  Army Regulation 635-200, Chapter 7, in effect at the time, and
currently in effect, provides for the separation of Soldiers from the
custody and control of the Army because of a voided enlistment if, upon
receipt of satisfactory proof of date of birth it is shown that h or she
was less than 17 years of age at the time of enlistment and that he or she
had not yet attained that age.  Although a discharge certificate was not
issued a separation document was.  Today the service of individuals
discharged under the provisions of Chapter 7 is uncharacterized.  However,
at the time of the applicant's discharge the service was characterized as
honorable or under honorable conditions.

10.  Army Regulation 635-200, Chapter 12, which establishes the policies
and procedures for the retirement of Soldiers from active duty notes that
all service performed under an enlistment or induction entered into before
the age prescribed by law for that enlistment or induction is creditable
for retirement.




11.  The Department of Defense Military Pay and Allowances Entitlements
Manual also states that any service which is otherwise creditable may be
counted for basic pay purposes even if the service was performed before a
member attained the statutory age for enlistment.  Such service may not be
counted if it is determined to be fraudulent and voided for that reason.

DISCUSSION AND CONCLUSIONS:

1.  There is no indication in documents available to the Board that the
applicant's 1972 enlistment was procured fraudulently.  He was honorably
discharged after
2 months and 5 days of active Federal service in 1972 when his birth
certificate revealed he was born in 1956 and not 1955 as both he and his
parents had originally certified.

2.  While it is noted that the applicant's initial period of active duty
was not identified during his 1974 enlistment action, it is possible the
prior service was omitted merely because individuals involved in the
enlistment process incorrectly believed that all voided service was not
creditable.

3.  There is sufficient evidence available which suggests that the
applicant's
2 months and 5 days of initial active Federal service should have been
included in item 12d on his 1995 separation document.  It would be
appropriate, and in the interest of justice and equity to correct that
entry to reflect the additional service.

BOARD VOTE:

__JS  ___  __EA ___  __CK ___  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 including his 2 months and 5 days of initial
active Federal service in 1972 in item 12d on his 1995 separation document.





                            ______ John Slone________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000060                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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