RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050003068


      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 records to show he entered
active duty on 4 August 1983.

2.  The applicant states that his contract was redone for him to leave
early and become a 13F (Fire Support Specialist).  He states that he was
released early from active duty and when he out-processed his 201 file was
not available.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), his diploma from the Fire Support
Specialist Course, and a Letter of Commendation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 March 1988.  The application submitted in this case is dated
10 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 on 10 February 1983
under the delayed entry program.  His enlistment contract shows he enlisted
in the Regular Army on 4 August 1983 for a period of four years with a 9-
month extension.  Item 25 (Verification of Service) on his DD Form 1966
(Record of Military Processing – Armed Forces of the United States) shows
his active duty start date (ADSD) as “830804.”

4.  The applicant’s diploma from the U.S. Army Field Artillery School at
Fort Sill, Oklahoma shows he completed the Field Artillery Fire Support
Specialist Course on 18 November 1983.

5.  In an 18 November 1983 Letter of Commendation, the applicant was
commended for his outstanding accomplishment of earning the designation as
an Honor Graduate of the U.S. Army Field Artillery School’s Fire Support
Specialist Course, Class 43-83 during the period 13 September 1983 to 18
November 1983.

6.  Permanent orders in the applicant’s personnel records show he was
awarded the first award of the Good Conduct Medal for the period 4 August
1983 to 3 August 1986.

7.  On 17 March 1988, the applicant was released from active duty on
temporary records under the provisions of Army Regulation 635-200,
paragraph 16-2 based on Reduction In Authorized Strength – Fiscal Year 88
Early Transition Program.  He completed 4 years, 5 months and 26 days total
active military service.

8.  Item 12a (Date Entered Active Duty This Period) on his DD Form 214
shows the entry “83 09 22.”

9.  The applicant is currently serving in the Army National Guard, Active
Guard Reserve.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active Army service at the time of release from
active duty, retirement or discharge.  This regulation directs that the
beginning date of the continuous period of active duty will be entered in
item 12a for issuance of this DD Form 214, for which a DD Form 214 was not
previously issued.  It also directs that the total active service will be
entered in item 12c of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s enlistment contract shows he entered active duty on 4
August 1983.

2.  Item 12a of the DD Form 214 is meant to reflect the date of entry on
active duty for the current period.  However, his DD Form 214 erroneously
reflects his date of entry on active duty as 22 September 1983.  Therefore,
it would be equitable to amend item 12a of his DD Form 214 to show the date
4 August 1983.

3.  Based on paragraph 2, above, item 12c should be corrected to show he
completed 4 years, 7 months and 14 days of active duty service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 March 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
16 March 1991.  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:

MM______  LB______  CD______  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:

      a.  by amending item 12a of his DD Form 214 to show the entry
“1983 08 04;” and

      b.  by amending item 12c of his DD Form 214 to show the entry
“04 07 14.”




                            Mark Manning__________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003068                           |
|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          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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