RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 December 2005
      DOCKET NUMBER:  AR20050004816


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, a correction to his entry date.

2.  The applicant states, in effect, he entered active duty on 5 July 1985
and somehow the date was incorrectly entered into the computer system.

3.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214); American Counsel on
Education (ACE) Registry Transcript; United States Army Chemical School
Diploma; and Letter of Commendation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 15 April 1988.  The application submitted in this case is
dated
16 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 record contains an Enlistment/Reenlistment Document,
Armed Forces of the United States (DD Forms 4/1, 4/2, and 4/3).  The DD
Form 4/1 shows he enlisted in the United States Army Reserve (USAR) Delayed
Entry Program (DEP) on 21 June 1985.

4.  The DD Form 4/3 on file confirms the applicant was discharged from the
USAR DEP and enlisted in the Regular Army on 10 July 1985.  His Personnel
Qualification Record (DA Form 2-1) shows he entered active duty (AD) and
reported to the United States Army Reception Station, Fort McClellan,
Alabama on 10 July 1985.

5.  On 15 April 1988, the applicant was honorably separated after
completing a total of 2 years, 8 months, and 6 days of active military
service.  The DD Form 214 he was issued shows, in Item 12a (Date Entered AD
This Period), that he entered AD on 10 July 1985.  The applicant
authenticated the DD Form 214 with his signature in Item 21 (Signature of
Member Being Separated).

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains specific item-by-item preparation instructions for
the DD Form 214.  The instructions for Item 12a indicate the beginning date
of the continuous period of AD for issuance of this DD Form 214, for which
a DD Form 214 was not previously issued should be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he entered active duty on 5 July 1985,
and not 10 July 1985 as is listed in Item 12a of his DD Form 214 and the
supporting documents he provided were carefully considered.  However, there
is insufficient evidence to support his claim.

2.  The applicant’s record contains a DD Form 4/3 that confirms he enlisted
in the Regular Army and entered active duty on 10 July 1985.  This entry
date is further corroborated by the information contained in the
applicant’s DA Form 2-1.  Further, the applicant authenticated the DD Form
214 with his signature on the date of his separation.  In effect, his
signature was his verification that the information contained on the
separation document, to include the Item 12a entry, was correct at the time
the document was prepared and issued.

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

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 April 1988, the date of his
separation.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 14 April 1991.  He failed to 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

___JCH _  ___REB _  __JRM__  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.




            ____James C. Hise________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004816                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1988/04/15                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Reduction in Strength                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  2110 |100.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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