RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            18 JULY 2006
      DOCKET NUMBER:   AR20050017806


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 block 12a of his report of separation (DD
Form 214) be corrected to reflect that he entered active duty in August
1973.

2.  The applicant states that his DD Form 214 incorrectly reflects that he
entered active duty on 20 December 1976, when in fact he entered active
duty in August 1973.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1995.  The application submitted in this case is
dated 8 December 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 United States Army Reserve (USAR) under
the delayed entry program (DEP) on 17 October 1973, for a period of 6
years.  He enlisted in the Regular Army in San Antonio, Texas, on 23
October 1973 for a period of 3 years, training as a supply specialist and
assignment to Europe.

4.  He completed his basic combat training at Fort Polk, Louisiana, and his
advanced individual training (AIT) at Fort Jackson, South Carolina.  Upon
completion of his AIT he was transferred to Germany on 1 March 1974.

5.  On 9 January 1976, he extended his enlistment for a period of 3 months
in order to attain eligibility for reassignment to the Continental United
States (CONUS).  He departed Germany on 27 May 1976 and was transferred to
Fort Eustis, Virginia.

6.  On 19 December 1976, he was honorably discharged for the purpose of
immediate reenlistment.  He had served 3 years, 1 month and 27 days of
active service.

7.  On 20 December 1976, he reenlisted for a period of 3 years and training
as a medical specialist.  He successfully completed his training and his
next reenlistment did not occur until 21 November 1979.  He remained on
active duty through a series of continuous reenlistments and was promoted
to the pay grade of E-7 on 1 February 1988.

8.  On 31 October 1995, he was honorably released from active duty (REFRAD)
and was transferred to the Retired List effective 1 November 1995.  He had
served 22 years and 8 days of total active service.  His DD Form 214 issued
at the time of his REFRAD indicates in item 12a that he entered active duty
this period on 20 December 1976.  In block 12d, under “Total Prior Active
Service” it reflects 3 years, 1 month and 27 days.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that effective 1 October
1979, a DD Form 214 would no longer be prepared for enlisted members who
are discharged for immediate reenlistment.  Prior to 1 October 1979, a DD
Form 214 was issued for every period of service, to include personnel who
reenlisted the day following discharge.

DISCUSSION AND CONCLUSIONS:

1.  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 this requirement.

2.  The applicant initially enlisted and entered active duty on 23 October
1973 and served until he was honorably discharged on 19 December 1976, for
the purpose of immediate reenlistment.  He reenlisted the following day (20
December 1976) and remained on active duty through continuous reenlistments
until his retirement in 1995.

3.  In October 1979, approximately 2 months before the applicant
reenlisted, the applicable regulation was changed to delete the requirement
for the issuance of a DD Form 214 for immediate reenlistments.
Accordingly, his service was documented from his reenlistment on 20
December 1976 until his retirement in 1995.  His prior active service was
also documented in block 12d of his final DD Form 214.
4.  Accordingly, his DD Form 214 was properly prepared to reflect all of
his active service in accordance with the applicable regulations and there
appears to be no basis to change the date on his DD Form 214 as he
requests.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 October 1998.  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

____LE  _  ___PM__  ___EF___  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.




                                  _____Lester Echols_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017806                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19951031                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 12                       |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |                                        |
|1.110.0000/189/CORR 214 |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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