RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 October 2005
      DOCKET NUMBER:  AR20050000681


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, correction of Item 12a (Date Entered
AD This Period) of his separation document (DD Form 214).

2.  The applicant states, in effect, that his DD Form 214 erroneously lists

3 September 1982 as his entry date, when in fact he entered active duty on
3 September 1981.

3.  The applicant provides the following documents in support of his
application: Self-Authored Letter, dated 4 December 2004; Self-Authored
Letter, dated 1 May 2005; DD Form 214; Enlistment/Reenlistment Document (DD
Form 4/1), dated 31 August 1981; United States Army Armor School Diploma,
dated 11 January 1982; and Enlistment/Reenlistment Document, dated 23
August 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 August 1990, the date of his separation from the
Regular Army.  The application submitted in this case is dated 4 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.  The applicant’s Personnel Qualification Record (DA Form 20) shows he
was trained and served in military occupation specialty (MOS) 63T (Bradley
Fighting Vehicle System Mechanic), and the highest rank he attained while
serving on active duty was sergeant (SGT).

4.  A Record of Enlistment/Reenlistment Document (DD Form 4/1) on file in
the applicant's Military Personnel Record Jacket (MPRJ) confirms, on page
4, that he enlisted and entered active duty on 3 September 1981.  This
document was signed by a responsible officer of the Armed Forces
Examination and Entrance Station (AFEES), Raleigh, North Carolina, the
applicant's entry station.
5.  On 11 August 1990, the applicant was honorably released from active
duty, by reason of expiration of his term of service (ETS).  Item 12
(Record of Service) of the DD Form 214 he was issued upon his separation
contains the entry
“82  09  03” in Item 12a (Date Entered AD This Period), which indicates he
entered active duty on 3 September 1982.  Item 12b (Date Separated this
period) contains the entry “90  08  11”, which indicates he separated on 11
August 1990; and Item 12c (Net Active Service this Period) contains the
entry “7  11  09”, which indicates he completed 7 years, 11 months and 9
days of active service during the period of active duty service covered by
the DD Form 214.  Item 18 (Remarks) shows an immediate reenlistment period
of 3 September 1981 through 11 June 1984.

6.  The applicant’s record also contains an Army National Guard (ARNG)
Report of Separation and Record of Service (NGB Form 22E) he was issued
upon his discharge from the Alabama ARNG on 22 August 1994.  The NGB Form
22E documents his ARNG service from 23 August 1991 through 22 August 1994.


7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
The regulation in effect at the time provided for entering the beginning
date of the continuous period of active duty for which a DD Form 214 was
not previously issued as the “Date of Entry.”

8.  Paragraph 2-1 of the same regulation provides guidance on preparing the
DD Form 214.  It states that a DD Form 214 is a summary of a Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active duty service at the time of release from active duty,
retirement, or discharge.  It further states, in pertinent part, that a DD
Form 214 is issued to Reserve Component (RC) Soldiers who complete 90 days
or more of continuous active duty for training (ADT), Full-Time National
Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of
active duty (TTAD), or Active Guard Reserve (AGR) service.  There are no
provisions for providing, or correcting a previously issued DD Form 214, to
document inactive service performed in a RC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the date of entry contained in Item 12a
of his DD Form 214 incorrectly reads 3 September 1982 and should in fact
read
3 September 1981 was carefully considered and found to have merit.
2.  The evidence of record confirms the applicant enlisted into the Army
and entered active duty on 3 September 1981.  The evidence of record also
confirms the date entered in Item 12a (date entered active duty) and 12c
(net active service this period) are not accurately reflected on his DD
Form 214.

3.  In view of the facts in this case, it would be appropriate to amend
Item 12a of the applicant's 11 August 1990 DD Form 214 by deleting the
current entry and replacing it with the entry "81  09  03."  Item 12c
should also be amended by deleting the current entry and replacing it with
the entry “08  11  09”.

4.  The applicant's contention that his records do not reflect his service
dates for the Alabama ARNG was also carefully considered.  However, by
regulation, there are no provisions for correcting a previously issued DD
Form 214 to document subsequent inactive service performed in a RC.
Further, the record confirms he was issued a separation document upon his
discharge from the Alabama ARNG.  The NGB Form 22E on file documents his
service in the ARNG from 23 August 1991 through 22 August 1994.  As a
result, there appears to be no error or injustice related to this issue.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MDM_  ___LCB _  __CD __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 amending his 11 August
1990 DD Form 214 as follows:  Item 12a – delete the current entry and
replace it with the entry
"81  09  03"; Item 12c – delete the current entry and replace it with the
entry
"08  11  09”; and by providing him a corrected separation document that
includes these changes.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
documenting his Alabama Army National Guard service.




                            ____Mark D. Manning______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000681                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-10-04                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1990/08/11                              |
|DISCHARGE AUTHORITY     |AR635-200                               |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]