RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 AUGUST 2006
      DOCKET NUMBER:   AR20060000322


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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 his Report of Transfer or Discharge (DD
Form 214) be corrected to show the character of his service as honorable.

2.  The applicant states the "N/A" currently reflected on his DD Form 214
proved to be unacceptable to the Maryland Department of Veteran Affairs for
submitting an application for interment in a Maryland State Veterans
Cemetery.  He states that having retired as a lieutenant colonel with over
20 years of Reserve military service and receiving military retirement pay,
he desires to obtain a completed DD Form 214 that reflect his character of
service as honorable.  He states that receiving a completed DD Form 214
would entitle him to burial rights in a National Cemetery.  He states that
he was ordered to active duty per special order number 23 dated 5 April
1968 and that he was released from active duty per general order number 73
dated 17 April 1968.  He states that the explanation currently reflected in
the remarks section of his DD Form 214 is considered as insufficient and
unacceptable by the Maryland Department of Veterans Affairs (DVA) for
burial rights purposes.  He concludes by stating that he visited the
District of Columbia National Guard Archives office on 14 July 2004, with
his request and supporting documents and that he was later telephonically
advised that his request could not be addressed.

3.  The applicant provides in support of his application a copy of a letter
from the DVA dated 4 February 2004 and a copy of his chronological
statement of retirement points dated 29 June 1994.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 February 2000.  The application submitted in this case
is dated 28 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.  He enlisted in the United States Army Reserve (USAR) on 12 November
1963.  Special orders published on 3 December 1967, appointed the applicant
as a second lieutenant.  At the time, he was assigned to the
114th Engineering Company, in the District of Columbia Army National Guard
(DCARNG).

4.  The available records show that the applicant was assigned to the 163rd
Military Police Battalion, DCARNG, when special orders were published on
5 April 1968, ordering him to active duty for an indefinite period and
until relieved by appropriate orders.

5.  On 17 April 1968, orders were published releasing him from active
military service effective 16 April 1968, and reverting his unit to
National Guard control at the home armory.  He had completed 12 days of net
active service and he was furnished a DD Form 214 that reflects his release
from active duty.  On the DD Form 214 the character of his service is
reflected as "N/A".

6.  On 15 February 2000, the applicant retired from the United States Army
Reserve and he was placed on the retired list in the rank of lieutenant
colonel.  He had completed 21 qualifying years for retirement.

7.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It states, in pertinent part, a DD Form 214 will be
issued to members for periods on active duty totaling 90 days or more.  It
further states that the information contained on the DD Form 214 will apply
only to the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  According to Army Regulation 635-5, the applicant was erroneously
furnished a DD Form 214 at the time of his release from active duty on
17 April 1968.

2.  The applicant's contentions have been noted.  However, he was initially
ordered to active duty effective 5 April 1968.  He was not on active duty
for a period of 90 days or more prior to his being released from active
duty on 17 April 1968.  Therefore, he should not have been furnished a DD
Form 214.

3.  Inasmuch as the applicant should not have been furnished the DD Form
214 in question, it would be inappropriate for this Board to correct a
document that was erroneously issued, to reflect the character of his
service as honorable.

4.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is unjust.
 The applicant has failed to submit evidence that would satisfy this
requirement.

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

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 February 2000; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 February 2003.  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

___MP__  ____MF__  ___GP__  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.




                                  ____Margaret Patterson____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000322                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20000215                                |
|DISCHARGE AUTHORITY     |NGR 600-100                             |
|DISCHARGE REASON        |RETIREMENT (Non-Regular)                |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENTS           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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