RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050001795


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. Jose A. Martinez              |     |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 the entry in Item 12a (Date
entered
AD This Period) of his DD Form 214 (Certificate of Release or Discharge
from
Active Duty) with a separation date of 31 March 1997 be changed to reflect
30 December 1976.

2.  The applicant states, in effect, that he entered the U.S. Army on 30
December 1976.  The applicant further states that this change affects his
eligibility for benefits.

3.  The applicant provides excerpts from his military service records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1997, the date of his retirement.  The application
submitted in this case is dated 29 January 2005 and was received on 4
February 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.  The applicant's military records show that he enlisted in the U.S. Army
Reserve (Delayed Enlistment Program (DEP)) on 30 December 1976.  He had no
prior creditable inactive or active service.  The applicant was discharged
from the DEP on 10 January 1977 and enlisted in the U.S. Army on 11 January
1977 for a period of 3 years.  He had served 11 days of inactive service in
the DEP.

4.  On 17 October 1979, the applicant was discharged for immediate
reenlistment.  On 18 October 1979, the applicant reenlisted for a period of

4 years.  There is no evidence of a  DD Form 214 having been issued for
this period of service.

5.  The applicant continued to serve on active duty and on 31 March 1997,
he was released from active duty for having sufficient service for
retirement.  The applicant was placed on the Retired List on 1 April 1997.
He had completed 20 years, 2 months and 21 days of active service that was
characterized as honorable.  The highest grade the applicant held was
sergeant first class/pay grade E-7.

6.  The following entries are reflected on the applicant's DD Form 214:

      a.  Item 12a - 1979 10 18 (18 October 1979);

      b.  Item 12b (Separation Date This Period) - 1997 03 31 (31 March
1997);

      c.  Item 12c (Net Active Service This Period) - 0017 05 13 (17 years,
5 months and 13 days);

      d.  Item 12d (Total Prior Active Service) - 0002 09 07 (2 years, 9
months,
and 7 days);

      e.  Item 12e (Total Prior Inactive Service) - 0000 00 11 (11 days);
and

      f.  Item 18 (Remarks) - immediate reenlistments this period -
19791018-19830728, 19830729-9881206, 19881207-1990908.

7.  Army Regulation 635-5 (Separation Documents), then in effect, governed
the preparation of the DD Form 214.  It states, in pertinent part, that
effective
1 October 1979, DD Forms 214 would no longer be issued for immediate
reenlistments and that all service would be continuous from the date the
last
DD Form 214 was issued.

8.  Army Regulation 635-5 (Separation Documents) established the
standardized policy for preparing and distributing the DD Form 214.  The
regulation provided, in pertinent part, that the beginning date of the
continuous period of active duty (AD) for which the DD Form 214 is being
issued be entered in Item 12a (Date Entered AD This Period) of the DD Form
214.  This regulation also provided that the date of separation be entered
in Item 12b (Separation Date This Period) and that the net service for the
period shown would be computed by subtracting
Item 12a from Item 12b and then deducting any lost time and non-creditable
service after date of discharge.

9.  Army Regulation 635-5 provided, in pertinent part, that a list of
reenlistment periods for which a DD Form 214 was not issued are to be
listed in Item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the date he entered active duty on his
DD Form 214 should be 30 December 1976.  The applicant further contends
that the date affects his eligibility for benefits.

2.  The ABCMR does not correct records solely for the purpose of
establishing eligibility for benefits.

3.  The evidence shows that the applicant entered the DEP on 30 December
1976, which is not active duty.  The evidence shows that he enlisted in the

U.S. Army on 11 January 1977. Therefore, the applicant did not enter active
duty until 11 January 1977.

4.  The applicant would not have been issued a DD Form 214 for the period
from 11 January 1977 to 17 October 1979.  In view of the applicant's
continuous service, 11 January 1977 is the beginning of his period of
active service.  Therefore, the entry in Item 12a should be amended to read
1977 01 11.

5.  In view of the amendment to Item 12a, the computation of the
applicant's net active service is 20 years, 2 months and 21 days.
Therefore, Item 12c should be amended to read 0020 02 21.

6.  The evidence does not show any creditable active service prior to 11
January 1977.  Therefore, Item 12d should be amended to read 0000 00 00.

7.  The applicant's 11 days of inactive service while in the DEP is
properly reflected in Item 12e.

8.  A DD Form 214 was not issued for the period of service from 11 January
1977 to 17 October 1979.  Therefore, this period of service should be
included in
Item 18 with the  list of reenlistment periods for which a DD Form 214 was
not issued.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jea __  ___lmd__  ___jam___  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 making the following
changes to the applicant's
DD Form 214, with a separation date of 31 March 1997:

      a.  amending Item 12a to read 1977 01 11 instead of 1979 10 18;

      b.  amending Item 12c to read 0020 02 21 instead of 0017 05 13;

      c.  amending Item 12d to read 0000 00 00 instead of 0002 09 07; and

      d.  amending Item 18 to include the entry 770111 - 791017 in the list
of reenlistment periods.

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
changing the applicant's date of entry on active duty to 30 December 1976.




                            ____James E. Anderholm_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001795                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PATRIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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