RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                                        26 OCTOBER 2005
      DOCKET NUMBER:                    AR20050000645


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Linda 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 that his records and retired pay be corrected to
reflect his correct date of entry into the Army.

2.  The applicant states that his date of entry into the Army was 15 May
1974 and it was not considered or adjusted at the time of his retirement.

3.  The applicant provides a copy of orders adjusting his Basic Enlisted
Service Date (BESD).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1995.  The application submitted in this case is
dated 6 December 2004 and was received on 5 January 2005.

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.  He enlisted in the pay grade of E-3 in El Paso, Texas, on 7 January
1975, for a period of 3 years, assignment to Fort Lewis, Washington, and
classification as a Rough Terrain Forklift Operator under the Civilian
Acquired Skills Program (CASP).  He completed his basic combat training at
Fort Leonard Wood, Missouri and was transferred to Fort Lewis on 25 March
1975.

4.  On 20 May 1975, orders were published which adjusted the applicant’s
BESD from 7 January 1975 to 15 May 1974, for the purpose of promoting him
to the pay grade of E-4, effective 15 May 1974.

5.  He advanced through the ranks to the pay grade of E-7 on 26 March 1985
and remained on active duty through continuous reenlistments.

6.  On 18 May 1995, he submitted his application for voluntary retirement
to be effective 1 September 1995.  His request was approved and on 31
August 1995, he was honorably released from active duty and was transferred
to the United States Army Reserve Control Group (Retired) effective 1
September 1995.  He had served 20 years, 7 months and 24 days of total
active service and his service was computed from 7 January 1975 through 31
August 1995.

7.  Army Regulation (AR) 600-8-104, Military Personnel Information
Management and Records provides, in pertinent part, that the BESD applies
to enlisted personnel only.  In making the initial entry for personnel who
enter the Army under the provisions of the Army CASP, enter the date that
will reflect a constructive credit date.  When a final grade is awarded in
accordance with the program, adjust the BESD to show the minimum time in
service with waiver required by AR 600-200, chapter 7, for the grade
awarded.  The BESD determined will be maintained through the pay grade of E-
6.  Upon promotion to the pay grade of E-7, adjust the BESD to reflect
actual service performed.  Constructive credit awarded under the CASP is
not creditable for pay purposes.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his adjusted BESD was not considered at
the time of his retirement has been noted and found to be without merit.
The applicant’s BESD was initially adjusted to qualify him for promotion
under the CASP and remained in effect for promotion purposes until he was
promoted to the pay grade of E-7, at which time his BESD reverted back to
his original entry date.

2.  At no time during his 20-year career did the applicant ever receive pay
based on his adjusted BESD.  However, he did receive the benefit of
accelerated promotion qualification based on the adjusted BESD, until he
was promoted to the pay grade of E-7.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 August 1998.  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

___JV___  ___CM__  ___LB___  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.




            _____James Vick_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000645                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19950825                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 12                       |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |190/CHG DATE                            |
|1.110.0100              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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