RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000906


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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 the Reserve obligation termination date be
removed from item 6 on his DD Form 214 (Certificate of Release or Discharge
from Active Duty).

2.  The applicant states that he does not have any Reserve obligations
remaining.  He states that he served continuously from 25 May 1977 through
30 September 1998 with a total of 21 years, 4 months and 6 days of active
service.

3.  The applicant provides a copy of his DD Form 214, his retirement orders
and his reassignment orders to the U.S. Army Transition Point in Fort
Shafter, Hawaii.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1998.  The application submitted in this case is
dated 10 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 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.  On 13 April 1977, the applicant enlisted in the U.S. Army Reserve under
the delayed enlistment program for six years.  He enlisted in the Regular
Army on 25 May 1977 for a period of four years.  He was discharged on 13
October 1981 for the purpose of immediate reenlistment.

4.  The applicant reenlisted on 14 October 1981 and continued to serve on
active duty through a series of reenlistments.

5.  Orders were published by Headquarters, 25th Infantry Division (Light)
and U.S. Army Hawaii on 9 January 1998, which reassigned the applicant to
the U.S. Army Transition Point with an effective date of 30 September 1998.

6.  Accordingly, the applicant was released from active duty on 30
September 1998.  On the date following, he was placed on the retired list.
He had completed 21 years, 4 months and 6 days total active military
service.

7.  At the time of release from active duty, the applicant's DD Form 214
was prepared to show the entry "2007 04 12" in item 6.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time,
establishes the standardized policy for preparing and distributing the DD
Form 214.  In pertinent part, it states that the Reserve obligation
termination date refers to the completion date of the statutory service
obligation incurred by all personnel on initial enlistment or appointment
into the Armed Forces.  This regulation states that the military service
obligation (MSO) starts on the date of initial enlistment or appointment in
the Regular Army, Army National Guard, and the U.S. Army Reserve to include
Delayed Entry Program.  The regulation also states that Soldiers
discharged, dismissed, or dropped from the Army rolls, or with an expired
MSO, enter "00 00 00" and Soldiers within 90 days of their MSO termination
date at separation will be considered to have completed their MSO and "00
00 00" will be entered.

9.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment,
Participation Requirements, and Enforcement Procedures), chapter 2,
paragraph 2-1 states that the statutory MSO is incurred on initial entry
into the Armed Forces whether by induction, enlistment, or appointment.  It
states that before 1 June 1984, all personnel incurred a 6-year statutory
obligation on initial entry into the Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the U.S. Army Reserve on 13 April
1977 for a period of six years and entered active duty on 25 May 1977.

2.  The applicant completed his Reserve service obligation in April 1983.
However, at the time of his retirement in September 1998, his DD Form 214
was incorrectly prepared to reflect a Reserve obligation termination date
of 12 April 2007.

3.  Based on the governing regulation, the applicant should have been
released from active duty with no further military obligation.  Therefore,
it would be appropriate to amend item 6 on his DD Form 214 to show the
entry "00 00 00."

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1998; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 September 2001.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

JV______  RW______  RR______  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 amending item 6 on his DD Form 214 to
show the entry "00 00 00."




                                  James Vick____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000906                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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