RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050004187


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane Armstrong               |     |Member               |
|     |Ms. Delia Trimble                 |     |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 discharge date be changed from 29 May
1986 to 29 August 1986.

2.  The applicant states that the reason for the discrepancy is over 30
years old.

3.  The applicant provides a supplemental letter dated 15 January 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 May 1986.  The application submitted in this case is dated
22 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 was inducted into the Army on 12 April 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 94B (Food Service Specialist).  He
was discharged on 11 June 1968 for immediate enlistment in the Regular
Army.

4.  The applicant enlisted in the Regular Army on 12 June 1968 and
continued to serve on active duty through a series of reenlistments.

5.  He was promoted to sergeant first class on 1 July 1982.

6.  A Medical Evaluation Board (MEB) evaluated the applicant on 20
September 1985 and he was diagnosed as having chronic active hepatitis,
osteonecrosis left hip, and low back pain with radiculitis.  He was
referred to a Physical Evaluation Board (PEB).  The MEB Proceedings
indicated that the applicant did not desire to continue on active duty
under Army Regulation 635-40.

7.  On 21 March 1986, an informal PEB found the applicant's medical
conditions prevented satisfactory performance of duty as a Food Service
Specialist in the grade of E-7.  The PEB recommended permanent retirement
with a 90 percent disability rating.
8.  Department of the Army, U.S. Army Military Personnel Center Orders D81-
8 dated 1 May 1986 released the applicant from assignment and duty because
of physical disability incurred while entitled to basic pay with an
effective date of retirement of 29 May 1986.

9.  Item 12b (Separation Date This Period) on the applicant's DD Form 214
shows he was released from active duty on 29 May 1986.

10.  Item 38 (Record of Assignments) on the applicant's DA Form 2-1
(Personnel Qualification Record – Part II) shows he was retired on 29 May
1986.

11.  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.  In the version in effect at the
time, it directed that the date separation was accomplished would be
entered in item 12(b) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  A 21 March 1986 PEB found the applicant unfit for military service at a
90 percent disability rating.  His MEB Proceedings indicated he did not
desire to continue on active duty.  As a result, the applicant was released
from active duty on 29 May 1986 and placed on the retired list.

2.  Orders and the applicant's Personnel Qualification Record show he was
released from active duty on 29 May 1986.  His DD Form 214 was prepared to
properly reflect the effective date of his separation as 29 May 1986.
Therefore, there is no basis for amending his DD Form 214 to show he was
released from active duty on 29 August 1986.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 May 1986; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 28 May 1989.  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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

SK______  DA______  DT______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  Stanley Kelley__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004187                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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