RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050002669


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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 her DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 5 March 1985
to show she entered active duty on 15 May 1976.

2.  The applicant states that her DD Form 214 incorrectly reflects she
entered the service on 6 July 1979 which is her reenlistment date.  She
states that she entered active duty on 17 May 1976 and has never received a
letter or orders for her Reserve status.  She would like to know if her
time in service has had an effect on medical disability benefits.  Her time
served on active duty and her Reserve time should have given her enough
time to have received a
20-Year Letter.  She states that she is eligible to retire and should be
allowed to complete her time needed to retire.

3.  The applicant provides her DD Form 4 (Enlistment or Reenlistment
Agreement – Armed Forces of the United States); her DD Form 214 for the
period ending 5 March 1985; and her Orders and Resource System Discharge
Order History.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 March 1985.  The application submitted in this case is dated
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 enlisted in the U.S. Army Reserve (USAR) on 17 May 1976
under the delayed entry program.  Her enlistment contract shows she
enlisted in the Regular Army on 7 September 1976 for a period of three
years.  She was honorably discharged on 5 July 1979 for the purpose of
immediate reenlistment. Her personnel records do not contain a DD Form 214
that covers this period of active duty service.

4.  The applicant reenlisted on 6 July 1979 for a period of three years
with a thirty-month extension.  She continued to serve on active duty until
she was discharged from active duty on 5 March 1985 at the expiration of
her term of service.

5.  The applicant's DD Form 214 for the period ending 5 March 1985 shows
she entered active duty on the period of active duty covered by the
separation document on 6 July 1979, and that she completed 5 years and 8
months total active military service during this period.  This discharge
document shows she completed 2 years, 9 months and 29 days total prior
active service.

6.  The applicant is currently serving in the U.S. Army Reserve in the rank
of sergeant.

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of
the DD Form 214.  The regulation 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 evidence of record shows the applicant enlisted in the Regular Army
on
7 September 1976 and was honorably discharged on 5 July 1979 for immediate
reenlistment.  In accordance with the regulation in effect at the time, she
should have been issued a DD Form 214 for this period; however, there is no
DD Form 214 for this period on file in her record.

2.  The applicant reenlisted on 6 July 1979 and was discharged on 5 March
1985.  She was issued a DD Form 214 for the period of this active duty
enlistment, which reflects she completed 5 years and 6 months of net active
duty service for the period, and 2 years, 9 months and 29 days of total
prior active duty service.

3.  Although the DD Form 214 issued to the applicant on 5 March 1985
accurately reflects the entry date of 6 July 1979, because she should have
already been issued a DD Form 214 for the period of service ending on 5
July 1969, given the absence of a DD Form 214 on file for this period, it
would be appropriate to more accurately document this period of service in
the 5 March 1985 DD Form 214.

4.  In view of the facts, it would be appropriate to amend item 18
(Remarks) on her DD Form 214 for the period ending 5 March 1985 by adding
the following entry”  “Initial Enlistment-760907; Honorable Discharge –
790705; Immediate Reenlistment-760706”.

5.  The applicant's request for a letter or orders reflecting her Reserve
status is noted.  She should contact the U.S. Army Human Resources Command
in
St. Louis, Missouri to request an updated Chronological Statement of
Retirement Points and a 20-Year Letter.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

LE______  PS______  LH______  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 item 18 on her
DD Form 214 for the period ending 5 March 1985 by adding the following
entry to Item 18 “Initial Enlistment-760907; Honorable Discharge – 790705;
Immediate Reenlistment-760706”; and by providing her a corrected separation
document that reflects this change.

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
show she entered active duty on 5 May 1976.




                            Lester Echols_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002669                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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