RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20050002820


      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 Anderholm               |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Mr. Michael Flynn                 |     |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 (Armed Forces of
the United States Report of Transfer or Discharge) to show his character of
service in item 13a (Character of Service).

2.  The applicant states that line 13a on his DD Form 214 was not completed
at the time of his discharge and it should read honorable.  He states that
he was discharged from the U.S. Army Reserve on 31 May 1968 with an
honorable discharge.  He enclosed a USAAC Form 825b which states his type
of discharge as honorable.

3.  The applicant provides a USAAC Form 825b.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 April 1965.  The application submitted in this case is dated 15 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 Regular Army on 20 June 1962 for a period
of three years.  He successfully completed basic combat training and
advanced individual training.  He was assigned to Germany in November 1962.
 He was promoted to private first class on 25 February 1963.

4.  On 21 September 1963, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice for wrongfully
appropriating a two and one-half ton truck valued at about $8,883.00.  His
punishment consisted of a reduction to the grade of private E-2, a
forfeiture of $15.00 and restriction to the Battery Area for 14 days.

5.  The applicant was promoted to specialist four on 8 June 1964.


6.  Headquarters, 2nd Reconnaissance Squadron, 3rd Squadron Cavalry General
Order Number 12, dated 10 March 1965, awarded the applicant the Good
Conduct Medal (First Award) for service from 20 June 1962 to date of
separation on or about 2 April 1965.

7.  On 2 April 1965, the applicant was honorably released from active duty
in the rank of specialist four under the provisions of Army Regulation 635-
205 for early separation of overseas returnees.  On the following date, he
was transferred to the U.S. Army Reserve Control Group (Reinforcement) to
complete his Reserve obligation.

8.  The applicant's DD Form 214 does not show his character of service in
item 13a.

9.  The applicant was discharged from the U.S. Army Reserve on 31 May 1968
at the expiration of his service obligation.  He was issued an Honorable
Discharge Certificate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army on 20 June 1962.  Although
he had received an Article 15 in September 1963, he was promoted to
specialist four in June 1964.  At the time he separated, he was awarded the
Good Conduct Medal.  Based on these facts, it appears he would have
received an honorable characterization of service upon his separation.

2.  At the time of the applicant's release from active duty, his DD Form
214 was prepared omitting his character of service.

3.  It appears that an administrative error has occurred in this case and
it would be equitable to amend his DD Form 214 to show his character of
service as honorable.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 April 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 April 1968.  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:

JA______  BI______  MF______  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 13a on his DD Form 214
to show his character of service as honorable.




                            James Anderholm_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002820                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050922                                |
|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.       |110.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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