RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050003817


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Ms. Maribeth Love                 |     |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, in effect, correction of his discharge document
to show his Basic Active Service Date (BASD).

2.  The applicant states that Block 12 (Record of Service), Item 12a (Date
Entered Active Duty (AD) This Period) should be changed to read "75 07 08".

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 23
January 1985, and DA Form 4188 (Military Personnel Office/Finance Office
Verification of MPRJ and PFR), dated 24 March 1981.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 January 1985, the date of his discharge.  The application
submitted in this case is dated 24 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's service records contain his DD Form 4 Series
(Enlistment/ Reenlistment Documents - Armed Forces of the United States)
and a DA Form 1695 (Oath of Extension of Enlistment) which he executed
throughout the course of his military service.  These documents show that
the applicant initially enlisted in the U.S. Army on 8 July 1975 for a
period of three years and subsequently extended this enlistment for a
period of six months.  He immediately reenlisted in the U.S. Army on 23
June 1978 for a period of six years, then reenlisted on
19 April 1984 for a period of three years, and served continuously on
active duty without a break in active service or any time lost.  The
applicant was discharged from the U.S. Army under honorable conditions,
effective 23 January 1985, after completing a total of 9 years, 6 months,
and 16 days of active service.


4.  A review of the applicant's DD Form 214, with an effective date of 23
January 1985, shows, in pertinent part, the following entries in Block 12:
Item 12a (Date Entered AD This Period):  "78 06 23"; Item 12b (Separation
Date This Period): "85 01 23"; Item 12c (Net Active Service This Period):
"06 07 01"; Item 12d (Total Prior Active Service):  "02 11 16"; Item 12e
(Total Prior Inactive Service):  "00 07 02"; and Item 18 (Remarks), in
pertinent part, contains the entry: "Immediate Reenlistments This Period:
780623-840418; 840419-870418".

5.  The applicant's military service records are absent any DD Form 214
issued upon the occasion of his immediate reenlistment in the U.S. Army or
a written request by the applicant for a DD Form 214 to be issued upon his
discharge for the purposes of immediate reenlistment.

6.  The applicant provides documentary evidence in support of his
application, including his DD Form 214 and a DA Form 4188.  These documents
offer evidence in support of the applicant's claim that shows his BASD as 8
July 1975.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

8.  Army Regulation 635-5, effective 15 March 1978 (and in effect at the
time of the applicant's first immediate reenlistment on active duty),
provided, in pertinent part, that a DD Form 214 will not be issued to
enlisted Soldiers discharged for immediate reenlistment unless a written
request by the individual was accomplished.  Then, effective 1 October
1979, this Army regulation completely eliminated the requirement to issue a
DD Form 214 to enlisted Soldiers discharged for immediate reenlistment in
the Regular Army.

9.  Chapter 2 of Army Regulation 635-5, in effect at the time of the
applicant's discharge from active duty, contains guidance on the
preparation of the DD Form 214.  It states, in pertinent part, that the
source documents for entering information on the DD Form 214 will be the
Personnel Qualification Record (PQR), Enlisted/Officer Record Brief
(ERB/ORB), or any other document authorized for filing in the OMPF.  This
Army regulation also provides specific guidance on the entries for each
block of the DD Form 214.  Guidance for completing the Record of Service is
as follows:  Item 12a (Date Entered AD This Period):  Enter the date of the
first day of the last immediate reenlistment for which a DD Form 214 was
not previously issued under the provisions of


paragraph 1-4b(5) (i.e., for purposes of immediate reenlistment); Item 12b
(Separation Date This Period):  Enter the separation date this period; Item
12c (Net Active Service This Period), Item 12d (Total Prior Active
Service), and Item 12e (Total Prior Inactive Service):  All service entered
will be less time lost under 10 U.S.C 972 and time lost after expiration of
term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Block 12, Item 12a, of his DD
Form 214 should be corrected because it does not show his BASD (i.e., 8
July 1975).  The applicant provided documents which confirm his record of
service and military service dates; however, this evidence does not support
a change to Item 12a.

2.  The evidence of records confirms that the applicant began his
continuous period of active duty on 8 July 1975, was not issued a DD Form
214 upon his immediate reenlistment on 23 June 1978 or 19 April 1984, and
continued to serve on active duty without a break in active service or any
lost time, through
24 January 1985.  Therefore, Item 12a (Date Entered AD this Period) of his
DD Form 214 was properly prepared in accordance with the Army regulatory
guidance in effect at the time of his discharge and contains the correct
entry
(i.e., "78 06 23").

3.  The evidence of record shows that the applicant's discharge date from
active duty was 23 January 1985.  Therefore, the entry in Item 12b is
correct.

4.  Army regulatory guidance provides that the amount of Net Active Service
This Period (in the applicant's case:  23 June 1978 through 23 January
1985) is computed by subtracting Item 12a from 12b and adding 1 day (i.e.,
85 01 23 minus 78 06 23, plus 01 day), which provides a result of 6 years,
7 months, and
1 day of Net Active Service This Period.  Therefore, Item 12c of the
applicant's DD Form 214 is correct.

5.  Army regulatory guidance provides that the amount of Total Prior Active
Service (in the applicant's case:   8 July 1975 through 22 June 1978) is
computed by subtracting the applicant's initial date of entry into active
service (i.e., 8 July 1975) from the separation date of his initial
enlistment (i.e., 22 June 1978) and adding 1 day (i.e., 78 06 22 minus 75
07 08, plus 01 day), which provides a result of 2 years, 11 months, and 15
days.  Therefore, Item 12d of the applicant's DD Form 214 is incorrect and
should be corrected to show 02 years, 11 months, and 15 days.


6.  Given the correction to Item 12d (in paragraph 4, above), adding the
amounts of service in Item 12c and Item 12d provides the total active
service the applicant completed upon discharge, which was 09 years, 06
months, and 16 days.  The applicant's BASD is then determined by
subtracting his total active service from his discharge date in Item 12a,
and adding 1 day (i.e., 85 01 23 minus 09 06 16, plus 01 day), which
provides and confirms his BASD of "75 07 08".

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 January 1985; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
23 January 1988.  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

__JTM __  __RGS  _  ___ML __  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 showing the following
correction to the applicant's
DD Form 214:

            c.  Item 12d.  Total Prior Active Service
                       Delete:  "02  11  16"
                       Add:     "02  11  15"






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
the applicant's basic active service date.




                            ____ JOHN T. MEIXELL___
                                      CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20050003817                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19850123                                |
|DISCHARGE AUTHORITY     |AR 635-200, Paragraph 14-12d            |
|DISCHARGE REASON        |Misconduct - Abuse of Illegal Drugs     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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