RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         12 January 2006
      DOCKET NUMBER:  AR20050006727


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D Simmons               |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, correction of Item 12a (Date Entered
AD This Period) of his 31 May 1992 separation document (DD Form 214).

2.  The applicant states, in effect, the date he entered active in Item 12a
of his 31 May 1992 DD Form 214 is incorrect.  He states the correct date is
5 December 1974.

3.  The applicant provides a copy of his DD Form 214 and Personnel
Qualification Record (DA Form 2-1) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 May 1992.  The application submitted in this case is
dated
18 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.  The applicant’s DA Form 2-1 shows he initially entered active duty on
16 January 1975.  He was trained in, awarded and served in military
occupation specialty (MOS) 76J (Medical Supply Specialist), and the highest
rank he attained while serving on active duty was sergeant (SGT).

4.  A Record of Enlistment/Reenlistment Document (DD Form 4), dated
5 December 1974, on file in the applicant's Military Personnel Record
Jacket (MPRJ) confirms he enlisted into the United States Army Reserve
(USAR) for
6 years and entered the Delayed Entry Program (DEP) in an inactive military
status on that date.

5.  The applicant’s MPRJ also contains a copy of Armed Forces Examining and
Entrance Station (AFEES), El Paso, Texas Special Orders Number 12, dated
16 January 1975.  These orders honorably discharged the applicant from the
USAR DEP, effective 15 January 1975.
6.  The applicant’s MPRJ further includes a DD Form 4, dated 16 January
1975, which confirms he enlisted in the Regular Army for 3 years on that
date.  Item 49 (Prior Service) of this document contains an entry
confirming his USAR service in the DEP was inactive military service, and
that as of that date, he had completed no prior active duty military
service.

7.  On 14 September 1977, the applicant was honorably discharged for the
purpose of immediate reenlistment.  The DD Form 214 he was issued for this
period of active duty service confirms, in Item 15 (Date Entered Active
Duty This Period), that he entered active duty on 16 January 1975.  Item
18a (Net Active Service This Period) shows he completed 2 years, 7 months
and 29 days of active military service during the period covered by the DD
Form 214.  Item 18d (Prior Inactive Service) shows he completed 1 month and
11 days of prior inactive service, which accounts for his inactive service
in the USAR DEP.

8.  On 15 September 1977, the applicant reenlisted and he continuously
served on active duty for an additional 14 years, 8 months and 16 days
until 31 May 1992, at which time he was honorably separated, by reason of
qualitative early transition program.  Item 12 (Record of Service) of the
DD Form 214 he was issued at this time confirms he entered active duty on
the period of service covered by the separation document on 15 September
1977, the date of his reenlistment.  It also shows that he completed 2
years, 7 months and 29 days of prior active duty service, which accounts
for the active duty service documented on his 14 September 1977 DD Form
214.

9.  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 guidance on the preparation of the DD Form 214.
The regulation in effect on 14 September 1977, the date the applicant was
issued his first
DD Form 214 provided for entering the beginning date of the continuous
period of active duty for which a DD Form 214 was not previously issued in
Item 15 and for accounting for prior inactive military service in Item 18d.
 .

10.  Paragraph 2-1 of the same regulation provides guidance on preparing
the
DD Form 214.  It states that a DD Form 214 is a summary of a Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active duty service at the time of release from active duty,
retirement, or discharge.  It further states, in pertinent part, that a DD
Form 214 is issued to Reserve Component (RC) Soldiers who complete 90 days
or more of continuous active duty.  There are no provisions for providing,
or correcting a previously issued DD Form 214 to document inactive service
performed in the USAR DEP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 12a of his 31 May 1992 DD Form 214
should have the date 5 December 1974 entered was carefully considered.
However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant initially enlisted in the
USAR DEP on 5 December 1974, and that he served in an inactive military
service status until he entered active duty in the Regular Army on 16
January 1975.  The DD Form 214 he was issued on 14 September 1977 documents
his initial active duty entrance date of 16 January 1975 in Item 15.  His 1
month and 11 days of prior inactive service in the USAR DEP from 5 December
1974 through
15 January 1975 is also documented in Item 18d of this separation document.


3.  The applicant’s 31 May 1992 DD Form 214 accurately reflects the date he
entered active duty for that particular period of service as 15 September
1977 in Item 12a.  It documents his 2 years, 7 months and 29 days of prior
active duty service in Item 12d and his 1 month and 11 days of prior
inactive service in Item 12e.  Given all the applicant’s service is
properly documented in the DD Forms 214 he was issued on 14 September 1977
and 31 May 1992, there appears to be no error or injustice related to the
service dates entered in either separation document.

4.  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.

5.  It was noted that the applicant may not be aware he was issued a DD
Form 214 on 14 September 1977.  A copy of this DD Form 214 is enclosed for
his use.
6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1992.  Therefore, the time for
him to file a request for correction of any error or injustice expired on
30 May 1995.  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

___LDS _  __REB __  ___RMN_  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.




                                  ____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006727                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/05/31                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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