RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            20 JULY 2006
      DOCKET NUMBER:   AR20050017857


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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 time he spent on active duty in the
Marine Corps be considered as creditable service towards his retirement.

2.  The applicant states that he served in the Marine Corps from 21 March
1973 until 1 August 1973, for a total of 4 months and 11 days.  He states
that his service was honorable and therefore, it should be considered as
creditable service towards his retirement.

3.  The applicant provides in support of his application an altered copy of
his Report of Transfer or Discharge (DD Form 214), from the United States
Marine Corps which reflects his service from 23 April 1973 through 1 August
1973.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 January 1996.  The application submitted in this case
is dated 2 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.  On 23 April 1973, the applicant enlisted in the United States Marine
Corps (USMC), in Knoxville, Tennessee, for 4 years, in the pay grade of E-
1.

4.  The facts and circumstances surrounding the applicant's release from
active duty (REFRAD) are not available for review at this time.  However,
the DD Form 214 that he was furnished at that time shows that he was
honorably REFRAD on 1 August 1973, under the provisions Marine Corps
Separation and Retirement Manual MCO P1900.16B, paragraph 6015.2, due to
minority.  His DD Form 214 also shows that he had completed 3 months and 9
days of net active service and 2 days of other service.  However, the
applicant altered his DD Form 214 to show that he completed 1 month and 2
days of other service, and a total of 4 months and 11 days.

5.  He enlisted in the Regular Army (RA) on 9 August 1974, for 3 years, in
the pay grade of E-1.  He successfully completed his training as a light
wheel vehicle mechanic.  He remained on active duty through a series of
reenlistments.

6.  He was honorably REFRAD on 31 January 1996, under the provisions of
Army Regulation 635-200, chapter 12, due to obtaining sufficient service
for retirement.  The DD Form 214 that he was furnished at the time of his
REFRAD erroneously shows that he enlisted in the RA on 12 August 1974, and
that he completed 21 years, 5 months and 19 days of net active service this
period.  His DD Form 214 also shows that he had no total prior active
service.

7.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.

DISCUSSION AND CONCLUSIONS:

1.  During the preparation of the applicant's RA DD Form 214 the incorrect
date entered on active duty for this period; the net active service for
this period; the total prior active service for this period; and the total
prior inactive service were incorrectly recorded.

2.  The applicant's RA enlistment contract shows that he enlisted in the
Army on 9 August 1974 and his final DD Form 214 should be corrected to
reflect the appropriate date of entry on active duty for this period.

3.  Inasmuch as the applicant's date of entry on active duty for this
period is 9 August 1974, there are 3 additional days of net active service
that failed to be reflected on his RA DD Form 214.  Moreover, his 3 months
and 9 days of prior USMC service should be reflected on his RA DD Form 214
as total prior active service.

4.  The applicant's RA DD Form 214 should also reflect 2 days of total
prior inactive service; however, there is no evidence of record that shows
he completed 4 months and 11 days of creditable USMC service.

5.  The applicant's USMC DD Form 214 reflects that he completed 3 months
and 9 days of net service during that period and in view of the foregoing,
it would now be appropriate to correct his records are recommended below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____WP_  ____MT _  ____WC_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending his RA DD Form
214 to show that he entered on active duty on 9 August 1996; that he
completed 21 years, 5 months and 22 days of net active service this period;
that he had completed 3 months and 9 days of total prior active service;
and that he had 2 days of total prior inactive service.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amending his records to show that he completed 4 months and 11 days of
creditable USMC service.




                            _____William Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017857                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19960131                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 12                       |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |GRANT-PARTIAL                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENTS           |
|2.  223                 |113.0000/ESTABLISHMENT OF SERVICE       |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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