RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 JANUARY 2006
      DOCKET NUMBER:  AR20050004228


      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. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Qawly Sabree                  |     |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 1992 separation document be corrected
to show that he enlisted in the military on 21 June 1976 vice 27 February
1978.

2.  The applicant states that he enlisted in the Army in 1976 and was
separated in 1992 when the Army began downsizing.  He states that he has
served his country for more than 28 years and feels he deserves to have the
administrative oversight corrected.  He notes he failed to notice the error
when he was outprocessing in 1992.

3.  The applicant provides various documents from his Official Military
Personnel File and a copy of his retirement point summary.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 August 1992.  The application submitted in this case is
dated
3 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.  Records available to the Board indicate the applicant enlisted in the
United States Army Reserve on 21 June 1976 under the Delayed Enlistment
Program.  He enlisted in the Regular Army and entered active duty on 27
July 1976.  On
26 February 1978 the applicant was discharged for the purpose of immediate
reenlistment.

4.  A Department of Defense (DD) Form 214 (Report of Separation from Active
Duty) was issued at the time of his discharge for the purpose of
reenlistment in 1978.  That separation document reflects the applicant's 1
month and 6 days in the Delayed Enlistment Program in item 18d (prior
inactive service).  His active duty between 27 July 1976 and 26 February
1978 is also recorded on the form.

5.  Following the applicant's 27 February 1978 reenlistment action, he
continued to serve on active duty via a series of reenlistment actions
until 3 August 1992 when he was released from active duty under a voluntary
separation program.

6.  The applicant's 1992 separation document reflects his 1 month and 6
days of inactive service in item 12e and his 1 year, and 7 months of prior
active service in item 12d.  His various reenlistment actions are reflected
in the remarks section of his 1992 separation document.

7.  Prior to October 1979 Army Regulation 635-5, which establishes the
policies and provisions for the preparation and distribution of separation
documents, required the preparation of a DD Form 214 each time an enlisted
Soldier was discharged for the purpose of immediate reenlistment.
Subsequent to 1978 a DD Form 214 was no longer prepared each time an
enlisted Soldier was discharged for immediate reenlistment in the Regular
Army.  Rather, the individual’s various reenlistment periods were capture
in the remarks section, and prior periods of active military service
occurring before the beginning date of the DD Form 214, which were captured
on previously issued separation documents, were recorded in item 12d (total
prior active service) on the final separation document.  Inactive service
information on separation documents, then and now, was recorded as a
separate entry.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence does confirm that the applicant initially enlisted
in the United States Army Reserve on 21 June 1976 and entered active duty
as a member of the Regular Army on 27 July 1976; that information is
captured on his separation document which was issued on 26 February 1978.
A copy of that separation document will be provided to the applicant as
part of this Board action.

2.  In accordance with applicable regulations, his various reenlistment
periods after February 1978 are recorded in item 18 on his 1992 separation
document and item 12d reflects his total active service which occurred
prior to his February 1978 reenlistment action.  Item 12e reflects his
period of inactive service while in the Delayed Enlistment Program.  As
such, no error or injustice exists on his 1992 separation document.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 August 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
2 August 1995.  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

___KW__  ___DD __  ___QS __  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.




                                  _____Kenneth Wright_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004228                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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