RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 December 2005
      DOCKET NUMBER:  AR20050003324


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 31 July 1993 be corrected
to show he entered active duty on 31 July 1973.

2.  The applicant states his DD Form 214 for the period ending 31 July 1993
shows he entered active duty on 4 February 1977.  His actual date of entry
on active duty was 31 July 1973.

3.  The applicant provides his DD Form 214 for the period ending 31 July
1993.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 July 1993.  The application submitted in this case is dated
1 March 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 31 July 1973.  He was
honorably discharged on 26 May 1976 for the purpose of immediate
reenlistment.  He was issued a DD Form 214 for this period of active duty,
and it correctly shows he entered active duty on 31 July 1973 and served 2
years, 9 months, and 26 days of active service that period.

4.  The applicant reenlisted on 27 May 1976 for 4 years.  On 4 February
1977, he extended his enlistment for 3 months.  He had continuous service
thereafter and was released from active duty on 31 July 1993 for the
purpose of retirement.  Item 12a (Date Entered AD This Period) of his DD
Form 214 for the period ending 31 July 1993 erroneously shows he entered
active duty on 4 February 1977.  Item 12c (Net Active Service This Period)
erroneously shows he completed 16 years, 5 months, and 27 days of net
active service that period.  Item 12d (Total Prior Active Service)
erroneously shows he completed 3 years,    6 months, and 3 days of prior
active service).

5.  Effective 1 October 1979, the requirement to prepare a DD Form 214 for
enlisted members who are discharged for immediate reenlistment was ended.

DISCUSSION AND CONCLUSIONS:

1.  Item 12a on the applicant's DD Form 214 for the period ending 31 July
1993 does contain an incorrect date of entry on active duty, although 31
July 1973 would not be the correct date.  His 31 July 1973 date of entry on
active duty was correctly reflected on his DD Form 214 for the period
ending 26 May 1976.  A copy of this DD Form 214 will be provided to him.

2.  Item 12a of the applicant's DD Form 214 for the period ending 31 July
1993 should reflect his date of entry on active duty as 27 May 1976, the
date of his first reenlistment (4 February 1977 was only the date he
extended his enlistment of 27 May 1976).  With this correction, item 12b
should then be corrected to reflect 17 years, 2 months, and 4 days of
active duty that period, and item 12c should then be corrected to reflect 2
years, 9 months, and 26 days of prior active service.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1993; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         30 July 1996.  The applicant did not file within the 3-
year statute of limitations; however, he has 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

__bpi___  __dws___  __eem___  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 the DD Form 214 for the
period ending 31 July 1993 of the individual concerned be corrected by:

     a.  amending item 12a to read 27 May 1976;

     b.  amending item 12b to read 17 years, 2 months, and 4 days; and

     c.  amending item 12c to read 2 years, 9 months, and 26 days.

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
correcting his DD Form     214 for the period ending 31 July 1993 to show
he entered active duty on 31 July 1973.




                            __Bernard P. Ingold___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003324                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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