RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 OCTOBER 2005
      DOCKET NUMBER:  AR20050001225


      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 Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeanette McCants              |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show that he was released from
active duty on 31 May 1995, vice the 15 March 1995 date shown.

2.  The applicant states that the date that he was released from active
duty is incorrect.  He did not receive credit for terminal leave.

3.  The applicant provides a copy of his DD Form 214 and leave and earning
statements (LES) for the months of February 1995 through May 1995.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 March 1995.  The application submitted in this case is
dated     22 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 enlisted in the Army Reserve Delayed Entry Program (DEP)
for 8 years on 5 November 1990.  He was discharged from the DEP upon his
enlistment in the Regular Army for 4 years on 8 August 1991.  The applicant
completed training, and in December 1991 was assigned to an infantry unit
at Schofield Barracks in Hawaii.

4.  On 26 October 1994 the applicant requested an early separation to
attend school, with a requested separation date of 12 May 1995.  His
request was approved on 23 January 1995.

5.  On 30 January 1995 orders were published assigning the applicant to the
transition point at Fort Shafter for transition processing with a reporting
date of   10 May 1995 and a separation date of 12 May 1995.

6.  On 13 March 1995 the above-mentioned orders were amended to reflect a
reporting date to the transition point and a separation date of 15 March
1995.

7.  The applicant’s DD Form 214 shows that he was released from active duty
at Fort Shafter on 15 March 1995 and transferred to the Army Reserve
Control Group (Reinforcement) at St. Louis.  That form indicates that the
applicant was not available for his signature.

8.  The applicant’s LESs that he submits with his request show his pay
entitlements, deductions, and allotments from February 1995 through May
1995. Those statements also show leave information, e.g., the balance
brought forward from the previous fiscal year, the leave earned, used, new
balance, and balance at the expiration of his term of service (ETS).  The
amounts (leave earned, used, and new balance) are cumulative from month to
month.

9.  The February LES shows that he had a balance of 53 days leave.  The
March LES shows that he used 16 days leave and had a new balance of 39.5
days leave.  His April LES shows that he used 46 days leave and had a new
balance of 12 days leave.  His May LES show that he used 56 days leave and
had a new balance of 4.5 days leave.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that orders were published directing his separation
on   12 May 2005, and that those orders were amended to reflect a
separation date of 15 March 1995.  His DD Form 214 shows a separation date
of 15 March 1995.

2.  However, he was paid through 31 May 1995 as indicated by the LES that
he submits with his request.  Those statements show that he took 16 days
leave in March 2005, 30 days leave in April 2005, and 10 days leave in May
1995, leaving him a new balance of 4.5 days leave.

3.  The evidence is inconclusive.  The applicant’s orders and his DD Form
214 show a separation date in March 1995; however, he received pay and
allowances and deductions were taken from his pay through May 1995.  He
took leave in March, April, and May 1995.

4.  It would appear then, that the applicant continued his service in the
Army beyond the date indicated on his DD Form 214, as indicated by his LES.
 The preponderance of evidence supports this conclusion.

5.  Thus, the applicant’s DD Form 214 should be corrected to show that he
was released from active duty on 31 May 1995.  His net active service
should be changed accordingly, to show 3 years, 9 months, and 24 days.

BOARD VOTE:

__JM ___  __JG____  __JM ___  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 showing that he was released from
active duty on    31 May 1995 with 3 years, 9 months, and 24 days of net
active service.




                            ______John Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001225                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|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.       |110.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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