RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050004347


      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 correction of item 19c on his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) to show he was
ordered to active duty on 8 June 1954.  He also requests correction of item
24b (Total Active Service) on his DD Form 214 to show he served 2 years, 11
months and 9 days total active service.

2.  The applicant states, in effect, that these corrections should be made
on his DD Form 214.

3.  The applicant provides a supplemental letter, his DD Form 214, his
special orders for active duty service and amendment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 24 May 1957.  The application submitted in this case is dated 11 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 commissioned a second lieutenant in the U.S. Army
Reserve (USAR) on 16 June 1954.

4.  Headquarters, First Army Special Orders Number 109 dated 8 June 1954,
paragraph 6, ordered the applicant to active duty on the effective date of
duty on 25 May 1955.

5.  Headquarters, First Army Special Orders Number 232 dated 1 December
1954 amended the applicant's active duty orders (Paragraph 6, Special
Orders 109, dated 8 June 1954) to include the entry "TDPFO" [Temporary duty
pending further orders].  The effective date of duty was still listed as 25
May 1955.

6.  The applicant's DD Form 220 (Active Duty Report) shows he entered
active duty on 25 May 1955.

7.  The applicant was released from active duty on 24 May 1957 and was
transferred back to his Reserve unit.

8.  Item 19c on his DD Form 214 shows he entered active duty on 25 May
1955.

9.  Item 24a(1) on his DD Form 214 shows he completed 2 years of active
duty service during the period covered by the report.

10.  Item 24a(2) on his DD Form 214 shows he completed 11 months and 9 days
of other service.

11.  Item 24b on his DD Form 214 shows he completed 2 years total active
duty service.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  In the version in effect at the time, it states that
the total active service the individual had completed beginning with the
earliest period of active service up to and including current period of
active duty, less any period served as a reservist not on active duty and
less time lost will be entered in item 24b on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned in the USAR on 16 June 1954.

2.  Special orders were published on 8 June 1954 ordering the applicant to
active duty.  However, the effective date of active duty was 25 May 1955.
Later, orders were published which amended his active duty orders to
include the entry "TDPFO."  His effective date of duty was not changed.
Therefore, item 19c on his DD Form 214 properly reflects he entered active
duty on 25 May 1955.

3.  The applicant was released from active duty on 24 May 1957 and his
DD Form 214 shows he completed 2 years of active duty service.  Based on
Army Regulation 635-5, the total active service the individual completed
less any period served as a reservist is entered in item 24b.  Therefore,
item 24b on the applicant's DD Form 214 properly reflects 2 years of active
duty service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 May 1957; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 23 May 1960.  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                 |AR20050004347                           |
|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.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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