RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 JANUARY 2006
      DOCKET NUMBER:  AR20050006236


      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. John Infante                  |     |Chairperson          |
|     |Ms. William Crain                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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, that his 1980 Department of Defense
(DD) Form 214 (Certificate of Release or Discharge from Active Duty) be
corrected to show he first entered active duty in April 1967.  It also
appears that he is asking that his service dates in Vietnam, which are
shown on a 1970 separation document, be corrected to show he served in
Vietnam between August 1967 and August 1968.

2.  The applicant states, in effect, that he first entered the military in
April 1967 and was discharged in April 1970.  He states he reenlisted in
1971 and again in 1976.  He does acknowledge that he had a break in service
between 1970 and 1971.

3.  The applicant states that between 1975 and 1976 he was assigned to the
Armed Forces School of Music which may have attributed to the mistake on
his separation document.

4.  The applicant also states that he served in Vietnam between August 1967
and August 1968 and his 1970 separation document does not reflect the
correct dates.

5.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 May 1980.  The application submitted in this case is
dated
16 April 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 was initially
inducted and entered active duty with the Army on 24 April 1967.  He was
discharged for the purpose of enlisting in the Regular Army on 27 April
1967.  A separation document, reflecting his 4 days of active duty between
his induction and enlistment was issued.

4.  Following the applicant's 28 April 1967 enlistment in the Regular Army
he completed training and ultimately was reassigned to Vietnam.  According
to documents in his file, including entries on his Department of the Army
Form 20 (Enlisted Qualification Record), in August 1967 he was still
assigned to Fort Lee, Virginia.  According to the assignment entries on his
Department of the Army Form 20, he departed Fort Lee on 27 September 1967
and arrived in Vietnam on 18 October 1967.  On 21 October 1967 he was
assigned to a support company.  He remained in Vietnam until 12 October
1968 when he departed overseas and returned to the United States.  His
record contains a copy of orders, dated
1 October 1968, which reassigned him to the Unites States Army Vietnam
Returnee Unit for further assignment to the United States.  His DEROS (date
eligible to return from overseas) was listed as 17 October 1968.

5.  On 27 April 1970, the applicant was released from active duty and
transferred to the United States Army Control Group.  A separation
document, reflecting the applicant's original 4 days of active duty, and
his 3 years of active duty between his 28 April 1967 and 27 April 1970
discharge, was recorded on that document.  It is on the April 1970
separation document where the applicant's service in Vietnam between
October 1967 and October 1968 is recorded.

6.  On 16 June 1971, after a 1 year, 1 month, and 19 day break in service,
the applicant returned to duty with the active Army by reenlisting.  He was
discharged for the purpose of immediate reenlistment on 29 July 1976.  A
separation document was issued reflecting his prior 3 years and 4 days of
active Federal service, his 1 year, 1 month, and 19 days of inactive
service, and his 3 years, 1 month, and 14 days of active duty between his
16 June 1971 reenlistment and his 19 July 1976 discharge.

7.  The applicant's final separation document was issued on 21 May 1980
when he was retired by reason of physical disability.  The separation
document issued in May 1980 accurately reflects the applicant's entire
military service in item 12 (record of service) on that separation
document.

8.  Army Regulation 635-5, in effect at the time, prescribed the policies
and provisions for the preparation of separation document.  At the time, a
separation document was issued at the time of a Soldier’s separation,
regardless of the actual number of days served.  This included issuing a
separation document for individuals who were inducted and after induction
chose to enlist in the Regular Army.  In October 1979 the practice of
issuing a separation document each time a Soldier was discharged for the
purpose of immediate reenlistment was discontinued.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence does confirm that the applicant initially entered
active duty in April 1967, his various periods of active Federal service,
and his one period of inactive service are all captured on separation
documents prepared prior to his final July 1976 reenlistment action.
Copies of those separation documents will be provided to the applicant as
part of this Board action.

2.  In accordance with applicable regulations, his various periods of
military service prior to his July 1976 reenlistment are recorded in item
12 on his final separation document.  As such, no error or injustice exists
on his 1980 separation document.

3.  The evidence available to the Board confirms the applicant did serve in
Vietnam between October 1967 and October 1968.  As such, the entry on the
applicant's 1970 separation document appears to accurately reflect that
service.  The applicant has provided no evidence which confirms the entry
is incorrect.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 May 1980; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
20 May 1983.  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

___JI  ___  __WC___  __GP ___  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 Infante________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006236                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|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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