RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 JANUARY 2006
      DOCKET NUMBER:  AR20050004088


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Randolph Fleming              |     |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, that the date of his entry on active
duty on his 1987 separation document be corrected to reflect 14 February
1984 vice
14 July 1984.

2.  The applicant states that he was sworn in and entered active duty on
14 February 1984 and that item 18 on his 1984 separation document indicates
his Delayed Entry Program date of 13 February 1984.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 February 1987.  The application submitted in this case
is dated
8 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's initial enlistment documents were not in records
available to the Board.  However, his Army National Guard Retirement Points
History Statement, completed on 1 December 1992 indicates the applicant
initially enlisted in the United States Army Reserve under the Delayed
Enlistment Program on 5 May 1984 and was released on 13 July 1984 in order
to execute an enlistment contract in the Regular Army on 14 July 1984.  The
applicant was in the Delayed Entry Program for a period of 2 months and 9
days prior to enlisting in the Regular Army and entering active duty.  His
enlistment information is also reflected in item 35 (record of assignments)
on his Department of the Army Form 2-1 (Personnel Qualification Record).
However, his 1990 Automated Personnel Qualification Record indicates his
Pay Entry Basic Date, the date from which his pay entitlements is based,
was 5 December 1983.

4.  The applicant's 1987 Department of the Defense Form 214 (Certificate of
Release or Discharge from Active Duty) indicates the applicant served on
active duty between 14 July 1984 and 4 February 1987, a period of 2 years,
6 months, and 21 days.  However, item 12.c. (net active service this
period) indicates
2 years, 11 months, and 21 days.  The document does reflect 2 months and 9
days of inactive service in item 12.e. (total prior inactive service).

5.  Item 18 (remarks) on his 1987 separation document contains the
statement "Item 12 I Delayed Entry Program: (12 05 83-02 13 84)," which is
also a period of 2 months and 9 days.  The entry in the remarks sections
refers to the entry in item 12.i. (Reserve Obligation Termination Date)
which indicates his statutory service obligation would expire on 13
February 1990.

6.  Public Law 98-94 outlines the statutory service obligations incurred by
individuals who enlist in any component of the U.S. military.  Effective 1
June 1984, all personnel incur an 8-year statutory obligation on initial
entry into the Armed Forces.  Before 1 June 1984, all personnel incurred a
6-year statutory obligation on initial entry.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant's record does not contain sufficient
evidence to confirm when he initially entered military service or enlisted
in the Regular Army. His retirement point history statement and his
Department of the Army Form 2-1, both indicate he initially enlisted in the
United States Army Reserve on 5 May 1984 and enlisted in the Regular Army
on 13 July 1984.  However, his Automated Personnel Qualification Record and
information contained in the remarks section of his 1987 separation
document support the applicant's contention that he initially enlisted in
the military on 5 December 1983 and enlisted in the Regular Army on 14
February 1984.

2.  An individual's statutory service obligation period commences on the
date he/she initially becomes a member of the military, whether that be in
a Reserve or Regular Component status.  If the entry in item 12.i. is
correct, that his statutory service obligation expired on 13 February 1990,
it would mean that he enlisted in the United States Army Reserve under the
Delayed Entry Program on
14 February 1984.  However, if the information contained on his retirement
point summary and his Department of the Army Form 2-1 is accurate, his
statutory service obligation would have expired on 5 May 1990.


3.  If the information in item 18 on the separation document were accurate,
it would mean the applicant's statutory service obligation would have
expired on
4 December 1989.

4.  However, notwithstanding the limited and inconsistent information in
documents available to Board, the fact remains that the applicant's total
period of active service on his 1987 separation document was recorded as 2
years, 11 months, and 21 days, which would be consistent with the
applicant's contention that he entered active duty on 14 February 1984 and
not 14 July 1984.  The entry in item 18 on his separation document and his
Pay Entry Basic Date support a conclusion that he did in fact enlist under
the Delayed Entry Program on
5 December 1983.

5.  In view of the foregoing, it would be appropriate to conclude the
applicant did enlist in the Regular Army and entered active duty on 14
February 1984 vice
14 July 1984 and to correct his 1987 separation document accordingly.  If
the Board accepts that the applicant enlisted in the Regular Army on 14
February 1984, in part based on the entry in item 18 of his separation
document, it would also then be appropriate to conclude that his statutory
service obligation expired on 4 December 1989 and that item 12.i. should
also be corrected accordingly.

BOARD VOTE:

__WP___  ___TR___  __RF ___  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 showing in item 12.a. on his 1987 separation document that he
entered active duty on 14 February 1987 vice 14 July 1984; and


      b.  by showing in item 12.i. on that same document that his statutory
service obligation expired on 4 December 1989 vice 13 February 1990.





                                  _____ William Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004088                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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