RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050002076


      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. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry 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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show his correct date of
discharge.  He also request correction of his foreign service.

2.  The applicant states that his DD Form 214 has errors on certain dates
of discharges and his time spent in foreign countries.  He states there are
no discharge documents which show his periods of service from 14 August
1966 through 11 July 1967 and 2 January 1975 through 29 June 1979 and his
service in Germany, Vietnam and Korea.

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
28 February 1991.  The application submitted in this case is dated 31
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.  The applicant initially enlisted in the Regular Army on 15 August 1966
for a period of three years.  He served in Germany from 17 December 1966 to
11 July 1967.  He was separated from active duty on 11 July 1967 for the
purpose of reenlistment.  He was issued a DD Form 214 which shows he
entered active duty on 15 August 1966 and was discharged on 11 July 1967.
This discharge document shows he completed 6 months and 26 days of foreign
service during the period covered by the report.

4.  He reenlisted on 12 July 1967.  He served in Vietnam from 19 September
1967 to 4 April 1969.  He was released from active duty on 10 July 1970 and
was transferred to the U.S. Army (USAR) Control Group to complete his
Reserve obligation.  He was issued a DD Form 214 which shows he entered
active duty on 12 July 1967 and was separated on 10 July 1970.  This
discharge document shows he completed 1 year, 6 months and 22 days of
foreign service during the period covered by the report.  Item 30 (Remarks)
on this discharge document shows the entry "Vietnam Service: 19 Sep 67-4
Apr 69."

5.  The applicant enlisted in the Regular Army on 3 January 1975.  He was
assigned to Germany on 24 May 1975.  He was discharged from active duty in
Germany on 29 September 1976 for immediate reenlistment.  He was issued a
DD Form 214 which shows he entered active duty on 3 January 1975 and was
discharged on 29 September 1976.  This discharge document shows he
completed 1 year, 4 months and 6 days of foreign service during the period
covered by the report.  Item 27 (Remarks) on this discharge document shows
the entry "GERMANY."

6.  He reenlisted in Germany on 30 September 1976.  He departed Germany on
9 July 1977.

7.  The applicant was reassigned to Germany on 10 October 1978 and departed
on 2 April 1979.

8.  The applicant was discharged from active duty on 29 June 1979 for
immediate reenlistment.  He was issued a DD Form 214 which shows he entered
active duty on 30 September 1976 and was discharged on 29 July 1979.  This
discharge document shows he completed 1 year, 3 months and 1 day of foreign
service during the period covered by the report.  The Remarks block shows
the entry "LAST PERIOD OF OVERSEAS SERVICE – GERMANY – 10OCT78-2APR79."

9.  He reenlisted on 30 June 1979 and continued to serve on active duty
through a series of reenlistments.  He completed another tour in Germany
from 16 April 1982 to 5 April 1985.  He served in Korea from 19 September
1988 to 14 September 1989.

10.  The applicant was released from active duty on 28 February 1991.  He
was issued a DD Form 214 which shows he entered active duty on 30 June 1979
and was released from active duty for the purpose of retirement on 28
February 1991. This discharge document shows he completed 3 years, 11
months and 16 days of foreign service during the period covered by the
report.

11.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will
not be prepared to cover a period of service for which a previous DD Form
214 has been issued.  It also states 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.  Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier
was discharged for the purpose of immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the Regular Army on 15 August 1966
and was discharged on 11 July 1967 for immediate reenlistment.  He served
in Germany during this period of service and was issued a DD Form 214 for
the period ending 11 July 1967 which properly reflects 6 months and 26 days
of foreign service.

2.  The evidence of record shows he reenlisted on 12 July 1967 and was
discharged on 10 July 1970.  He served in Vietnam during this period of
service and was issued a DD Form 214 for the period ending 10 July 1970
which properly reflects his foreign service in Vietnam.

3.  The evidence of record shows the applicant enlisted in the Regular Army
on
3 January 1975 and was discharged on 29 September 1976 for immediate
reenlistment.  He served in Germany during this period of service and was
issued a DD Form 214 for the period ending 29 September 1976 which properly
reflects his foreign service in Germany.

4.  The evidence of record shows the applicant reenlisted on 30 September
1976 and was discharged on 29 June 1979.  He completed a tour in Germany
and served another tour in Germany during this period of service.  He was
issued a DD Form 214 for the period ending 29 June 1979 which properly
reflects his foreign service in Germany.

5.  The evidence of record also shows the applicant reenlisted on 30 June
1979 and continued to serve on active duty until he retired from active
duty on 28 February 1991.  He served in Germany and Korea during this
period of service and he was issued a DD Form 214 for the period ending 28
February 1991 which properly reflects his foreign service in Germany and
Korea.

6.  By regulation, in effect at the time, a DD Form 214 will not be
prepared to cover previous periods of service for which a DD Form 214 has
already been issued.

7.  Based on the foregoing, it appears that no error or injustice has
occurred in this case regarding the applicant's dates of discharge and
foreign service.  A copy of each DD Form 214 will be provided to the
applicant.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 February 1994.  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

MM______  LB______  CD______  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.




                                  Mark Manning__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002076                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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