RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20050000125


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 military service records be
corrected to show that he was not absent without leave during the period 22
February 1985 through 25 February 1985.

2.  The applicant states, in effect, that he was never absent without leave
or absent from duty while in the service.  The applicant adds that he never
received any type of disciplinary action during his military career and
that this error should be corrected so that he receives the correct number
of retirement points.

3.  The applicant provides a copy of his Army National Guard Current Annual
Statement, prepared on 4 April 2004, and DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 16 May
1986.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 shows that he initially entered the U.S.
Army on active duty on 14 June 1983 and that he was trained in and awarded
military occupational specialty (MOS) 16R (Air Defense Artillery Short
Range Gunnery Crewman).

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.  The applicant's DD Form 214 also shows that he was separated from
active duty at Fort Bliss, Texas, on 16 May 1986, and was transferred to
the U.S. Army Reserve Control Group, St. Louis, Missouri.  Item 12c (Record
of Service, Net Active Service This Period) of this document confirms that
he served a total of
02 years, 10 months, and 29 days.  In addition, Item 21 (Signature of
Member Being Separated) contains the applicant’s signature, which shows
that he verified that the information on the document was correct at that
time.



4.  The applicant provided a copy of his Army National Guard Current Annual
Statement.  Page 1 of this document contains an entry with a beginning date
of 22 February 1985 and an ending date of 25 February 1985, which shows
this time period as active duty lost time, along with zero (0) active duty
points.  This period of service covers a total of four (4) days.

5.  Army Regulation 135-180 (Army National Guard and Army Reserve -
Qualifying Service for Retired Pay Nonregular Service), in effect at the
time, provides, in pertinent part, that an individual will credited with
one retirement point for each day of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the period of time from 22 February 1985
through 25 February 1985 should be adjusted to reflect creditable active
duty service because he was not absent without leave.

2.  The applicant provided copies of his Army National Guard Current Annual
Statement of Retirement Points, which shows this period as non-creditable
service.  However, the applicant provides insufficient evidence to support
his assertion that this is in error and that the period of service should
be credited as active duty service.

3.  During the period of service in question, the evidence of record
confirms that the applicant served from 14 June 1983 through 16 May 1986.
In the absence of any lost time, this period of service equates to a total
of 02 years, 11 months, and 03 days.  However, Item 12c of the applicant's
DD Form 214 shows that upon separation for this period of service, he was
credited with only 02 years,
10 months, and 29 days of active service.  These two totals yield a
difference of exactly four (4) days, which indicates that the applicant had
four days of lost time at the time he was separated from active duty.

4.  In the absence of evidence to the contrary, the record is presumed to
be administratively correct and in compliance with applicable regulations.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 May 1986; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
15 May 1989.  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

___MKP_  __REB__  ___LMB__  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.





                                  ____Margaret K. Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000125                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19860516                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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