RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         25 JULY 2006
      DOCKET NUMBER:  AR20050015116


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine Taylor                |     |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 DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be changed from 20
years,          4 months, and 19 days to 22 years, 5 months, and 18 days.

2.  The applicant states that his DD Form 215 (Correction to DD Form 214)
shows 22 years, 5 months, and 18 days.

3.  The applicant provides a copy of his DD Form 214 and 215.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1965.  The application submitted in this case is
dated           9 October 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 records show he enlisted in the Regular Army on
         22 July 1942.  He served 3 years, 3 months and 12 days and was
separated on   3 November 1945.  The applicant reentered the Army in June
1948 and through a series of reenlistments was retired with over 20 years
of active federal service on 31 July 1965.

4.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of
Separation) shows that he enlisted in the Army on 22 July 1942 and was
separated on 3 November 1945.

5.  The applicant’s DD Form 214 from the period 15 June 1948 to 14 June
1951 credited him with 3 years of service.  The document also shows that he
had        3 years, 3 months, and 12 days of prior service for a total of 6
years, 3 months, and 12 days.


6.  The applicant’s DD Form 214 from the period 12 April 1956 to
15 January 1962 was corrected by a DD Form 215.  The correction changed the
date of entry to 15 June 1951 and credited the applicant with 10 years, 7
months, and 1 day “net service” during the period of the report.  The DD
Form 215 also lists the “other service” as 6 years, 3 months, and 12 days.
The applicant’s Foreign Service was corrected to show 5 years, 7 months,
and 5 days.  The applicant’s total active service of 16 years, 10 months,
and 13 days remained unchanged.

7.  The applicant’s DD Form 214 from the period 16 January 1962 to 15
January 1965 shows his “net service” during the period of report as 3
years.  His “other service” is listed as 16 years, 10 months, and 13 days.
The applicant’s total active service is listed as 19 years, 10 months, and
13 days.

8.  The applicant’s DD Form 214 from the period 16 January 1965 to
31 July 1965 shows his “net service” during the period of report as 6
months,
13 days.  His “other service” is listed as 19 years, 10 months, and 6 days.
 The applicant’s total active service is listed as 20 years, 4 months, and
19 days.

9.  Army Regulation 635-5 (Personnel Separations) in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, to enter the total
amount of Foreign Service completed during the period covered in block 24c.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record shows that he received one WD AGO Form 53-55 and
four DD Forms 214, during his service in the military.  The separation
documents verify his total active duty service of 20 years, 4 months, and
19 days.

2.  It appears that the applicant added his Foreign Service time of 5
years,          7 months, and 5 days as listed on his DD Form 215 to his
“net service this period” 10 years, 7 months, and 1 day and “other service”
6 years, 3 months, and 12 days to conclude that his total service should be
22 years, 5 months, and     18 days.  This is in error due to the fact that
the Foreign Service time is counted as part of the “net service” this
period.  Therefore, the applicant’s DD Form 214 that reflects 20 years, 4
months, and 19 days is correct as constituted.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         30 July 1968.  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

___AR __  __LD  ___  ___PT __  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.




                            _______Allen Raub__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015116                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|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.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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