RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050017020


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 her discharge
document.

2.  The applicant states, in effect, that she enlisted in the U.S. Army in
August 1970, but that the date of entry that is shown on her discharge
document is
29 January 1971.  The applicant also states, in effect, that she is certain
that she entered the Army in August 1970 because she was 17 years old and
her mother had to sign a form to consent to her enlistment.  The applicant
adds, in effect, that she believes an administrative error was made with
respect to her date of entry into the U.S. Army at the time her discharge
document was prepared.

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 January 1972; the date of her discharge.  The application
submitted in this case is dated 6 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's military service records contain a DD Form 373 (United
States Armed Forces - Consent, Declaration of Parent or Legal Guardian),
dated
22 January 1971.  This document shows, in pertinent part, the applicant's
date of birth as 8 September 1952 and that the applicant's mother, Ms.
V____ L. D__, consented to the applicant's enlistment in the Women's Army
Corps of the U.S. Army for a period of 3 years.  This document also shows
that the applicant's mother affixed her signature to the DD Form 373 and
that it was witnessed by the applicant's recruiter.

4.  The applicant's military service records contain a DD Form 4
(Enlistment Contract - Armed Forces of the United States).  This document
shows that the applicant enlisted in the Regular Army for a period of 3
years on 29 January 1971 and also shows her date of birth as 8 September
1952.  Item 57 (Oath of Enlistment) of this document shows that the
applicant was administered the oath of enlistment on 29 January 1971 and
acknowledged the oath by affixing her signature to Item 57 of the DD Form
4.  Item 59 (Confirmation of Enlistment) of the document further shows that
the commissioned officer who administered the oath of enlistment confirmed
that the oath was subscribed and duly sworn before him on 29 January 1971
and he acknowledged the same by affixing his signature to Item 59 of the DD
Form 4.

5.  The applicant's military service records contain a copy of
Headquarters, Armed Forces Examining and Entrance Station, Los Angeles,
California, Special Orders Number 20 (Extract), dated 29 January 1971.
This document shows, in pertinent part, that the applicant enlisted in the
Regular Army for a period of
3 years, effective 29 January 1971.

6.  The applicant's military service records contain a DA Form 20 (Enlisted
Qualification Record) which shows in Item 6 (Date of Birth) the entry
"8Sep52" and in Item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or
Ordered to Active Duty) the entry [Component] "RA", [Effective Date] "29
JAN 71", and [Length] "3 yrs."

7.  The applicant's military service records contain a copy of her DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge),
with an effective date of 13 January 1972, which shows in Item 9 (Date of
Birth) the entry "8 Sep 52" and in Item 17c (Date of Entry) the entry "29
Jan 71."  This document also shows that the applicant was discharged under
honorable conditions on
13 January 1972 and completed 8 months and 25 days of active service.  Item
32 (Signature of Person Being Transferred or Discharged) further shows that
the applicant affixed her signature to this document.

8.  Army Regulation 635-5 (Separations Documents), in effect at the time of
the applicant's separation, establishes the standardized policy for
preparing and distributing discharge documents.  Section III (Instructions
for Preparation and Distribution of the Armed Forces of the United States
Report of Transfer or Discharge) of this Army regulation provides, in
pertinent part, that all available records will be used as a basis for the
preparation of the DD Form 214.  The instructions for Item 17c (Date of
Entry) provide, in pertinent part, to enter the date the enlisted person
entered on active duty or the date enlistment or reenlistment was
accomplished.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the date of entry shown in her
military service records (i.e., 29 January 1971) is incorrect because she
enlisted in the U.S. Army in August 1970.  However, there is no evidence of
record that the applicant entered the U.S. Army in August 1970 and the
applicant provides insufficient documentary evidence in support of her
claim.

2.  The evidence of record shows that the applicant's date of birth is
correctly recorded in her military service records as 8 September 1952,
that her mother executed a declaration of parental consent prior to the
applicant's enlistment in the U.S. Army, and that the applicant was over 18
years of age when she enlisted in the U.S. Army.  The preponderance of
evidence of record also shows that the applicant enlisted in the Regular
Army for a period of 3 years and entered active duty on 29 January 1971.
Therefore, in the absence of evidence to the contrary, the applicant's
military service records correctly show her date of entry into the U.S.
Army as 29 January 1971.

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.  In view of the
foregoing, there is no basis for granting the applicant's request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
12 January 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

__JTM___  __JCR__  __EEM__  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 T. Meixell___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017020                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19720113                                |
|DISCHARGE AUTHORITY     |AR 635-212, SPN 264                     |
|DISCHARGE REASON        |Unsuitability                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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