RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050016495


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 the discharge date (2 April 1969) on an
Honorable Discharge Certificate and the dates of service (3 April 1969 to 1
April 1972) on two certificates of appreciation be changed.

2.  The applicant states the dates are wrong on these documents.

3.  The applicant provides an Honorable Discharge Certificate, dated 2
April 1969, and two certificates of appreciation which show his dates of
service were  3 April 1969 to 1 April 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
1 April 1972.  The application submitted in this case is undated; however,
it was received in this office on 17 November 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 enlisted in the U.S. Army Reserve (USAR) on 27 December
1968 for a period of 6 years.  On 2 April 1969, he was honorably discharged
from the USAR to enlist in the Regular Army.

4.  The applicant was issued an Honorable Discharge Certificate, dated 2
April 1969.

5.  The applicant enlisted in the Regular Army on 3 April 1969 for a period
of
4 years.  On 1 April 1972, he was released from active duty to complete his
remaining service obligation in the USAR.

6.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows he
entered active duty on 3 April 1969 and was released from active duty on 1
April 1972.

7.  The applicant provided a certificate of appreciation, dated 1 April
1972, which shows his dates of active service as 3 April 1969 to 1 April
1972.  He also provided an undated certificate of appreciation signed by
President Nixon which shows his honorable service as 3 April 1969 to 1
April 1972.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service, into the Regular Army and the U.S.
Army Reserve.  This regulation states, in pertinent part, that when a
Soldier is enlisted in the Regular Army or USAR, the guidance counselor
handling the enlistment will notify the proper agency by forwarding a copy
of enlistment orders and a copy of the completed DD Form 4 (Enlistment
Contract).  The notice will permit the issuance of a discharge of the
officer or enlisted Soldier from the losing component.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was honorably discharged from
the USAR on 2 April 1969 for enlistment in the Regular Army.  In accordance
with the governing regulation, he was issued an Honorable Discharge
Certificate from the USAR, dated 2 April 1969.  Therefore, there is no
basis for granting the applicant's request to amend the date on his
Honorable Discharge Certificate, dated 2 April 1969.

2.  Evidence of record shows the applicant served on active duty from 3
April 1969 to 1 April 1972.  Since the two certificates of appreciation
provided by the applicant properly reflect his dates of active service,
there is no basis for granting his request to amend the dates of service on
these certificates.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 1 April 1972; therefore, the time for the
applicant to file a request for correction of any error expired on 31 March
1975.  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

EA_____  _MF____  _DP_____  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.




                                  __Eric Andersen_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016495                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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