RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050004594


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 uncharacterized discharge be changed to
an honorable discharge.

2.  The applicant states that incorrect information was given to him by the
military at the time of enlistment.  He also contends that his date of
birth is incorrect on his DD Form 214 (Certificate of Release or Discharge
from Active Duty).

3.  The applicant provides a DD Form 293 (Application for Review of
Discharge or Dismissal from the Armed Forces of the United States), dated
20 January 2005; a copy of his DD Form 214 with a separation date of 11
September 1987; a copy of letter from the Selective Service System, dated
22 December 2004; a copy of his Social Security card, a copy of U.S. Army
Reserve Personnel Center Orders D-05-437269, dated 24 May 1994; and a copy
of his DA Form 2-1 (Personnel Qualification Record) covering the period 20
May 1986 through 13 September 1987 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 September 1987, the date of his separation from active duty.
 The application submitted in this case is dated 17 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 show the applicant enlisted in the United States Army Reserve
(USAR) on 20 May 1986 for a period of eight years.

4.  On 30 May 1986, the applicant was ordered to active duty for training
at Fort Jackson, South Carolina.  After completion of basic training, on 26
July 1986, the applicant was returned to his USAR unit in Fort Worth,
Texas.

5.  On 3 June 1987, the applicant was ordered to active duty for training
at Fort Dix, New Jersey to complete advanced individual training.
6.  Records show, on 11 September 1987, the applicant completed advanced
individual training, was then released from active duty for training and
returned to his USAR unit in Fort Worth, Texas.

7.  The applicant's DD Form 214 shows he completed 3 months and 9 days of
active service at the time of his separation on 11 September 1987.

8.  The applicant's service records contain his Enlistment Document (DD
Form 4/1) shows in block 6 (Date of Birth) an entry "64 Aug 31."  The
applicant authenticated this document in his own hand.

9.  The applicant's DD Form 214 (Certificate of Release or Discharge From
Active Duty) shows in block 5 (Date of Birth) the entry "64/08/31", in
block 23 (Type of Separation) the entry "Release from Active Duty for
Training" and in block 24 (Character of Service) the entry
"uncharacterized."

10.  This form also shows in block 25 (Separation Authority) the entry "AR
635-200, Chapter 4" and in block 28 (Narrative Reason for Separation) the
entry "Expiration Term of Service."

11.  The applicant submitted a copy of a letter from the Selective Service
System, dated 22 December 2004.  This letter shows that the applicant's
date of birth as 13 September 1964.

12.  There is evidence in the available records that shows the applicant
applied to the Army Discharge Review Board (ADRB) for an upgrade of his
discharge. However, the application was not received within the ADRB's 15-
year statute of limitation.  As a result, the applicant was notified that
the ADRB was prohibited from considering his case.

13.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) sets forth the basic authority for separation of enlisted
personnel.  Chapter 4, in pertinent part, provides for the separation or
release from active duty upon termination of enlistment and other period of
active duty or active duty for training.  Specifically, individuals of the
USAR ordered to active duty who have completed less than 180 days of
continuous active duty will have their service uncharacterized, even though
they have completed Individual Active Duty for Training.



14.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show
that he was honorably discharged.

2.  The applicant did not complete 180 consecutive days of active duty at
the time his DD Form 214 was issued.  Therefore, the period of service
covered by this DD Form 214 was "uncharacterized" as required by Army
regulation.

3.  There is no evidence and the applicant has failed to provide evidence
which shows that the "uncharacterized" discharge is in error or otherwise
contrary to law or regulations.  Therefore, there is no basis to change the
applicant's character of service as requested.

4.  The applicant contends that his date of birth on his DD Form 214 is
incorrect.

5.  The applicant's enlistment contract and separation document state that
his date of birth is 31 August 1964, and these documents were authenticated
by the applicant as being correct.

6.  The applicant submitted a letter from the Selective Service System
which shows his date of birth as 13 September 1964.  However, this letter
is not acceptable proof of the applicant's date of birth; therefore, there
is insufficient basis to change the date of birth in this case.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 September 1987; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 September 1990.  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

_JNS__  __KWL___  __LDS___   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.




                                      _John N. Slone___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004594                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |1987/09/11                              |
|DISCHARGE AUTHORITY     |AR 635-200, ch. 4                       |
|DISCHARGE REASON        |Expiration Term of Service              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000/Discharge                      |
|2.  1021                |100.0000/DOB                            |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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