RECORD OF PROCEEDINGS


      IN THE CASE OF:        HANBACK, JAMES W.


      BOARD DATE:            08 August 2006
      DOCKET NUMBER:   AR20060000366


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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, that his reports of separation (DD
Form 214) dated 3 March 1977 and 31 August 1978 be corrected to show in
block 14 that he entered active duty during that period in Ripon, Wisconsin
54971.

2.  The applicant states that he took the oath of enlistment in Ripon,
Wisconsin on 1 June 1973 and 4 March 1977; however, when he was separated
from both those terms of service, his DD Form 214 did not reflect that he
had entered active service in Ripon, Wisconsin.

3.  The applicant provides a copy of his DD Form 214 dated 31 August 1978,
a Certification of Military Service dated 3 March 1977, and a 214 dated 31
May 1973.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1978.  The application submitted in this case is
dated 30 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 was born on 29 July 1932 and enlisted on 31 July 1950.
He successfully completed his training as a light weapons infantryman and
remained on active duty through a series of continuous reenlistments.  He
was promoted to the pay grade of E-8 on 19 November 1969.

4.  On 31 May 1973, while assigned to the 5th Reserve Officer Training
Corps (ROTC) Group at Fort Sam Houston, Texas, with duty at Ripon College,
Ripon, Wisconsin, the applicant was honorably discharged for the purpose of
immediate reenlistment.  The 5th ROTC Group was subsequently reassigned to
Fort Knox, Kentucky.

5.  He reenlisted at Ripon, Wisconsin on 1 June 1973 for a period of 3
years and remained assigned there.  He was honorably discharged on 3 March
1977 for the purpose of immediate reenlistment .  A copy of that DD Form
214 is not present in the available records.

6.  On 4 March 1977, he reenlisted for a period of three years at Ripon,
Wisconsin.  He continued to serve there until 31 August 1978, when he was
honorably released from active duty (REFRAD) and was transferred to the
Retired List effective 1 September 1978.  He had served 28 years and 1
month of total active service.

7.  His DD Form 214 issued at the time of his REFRAD on 31 August 1978,
indicates in block 14, that his place of entry into current active service
was Fort Knox, Kentucky 40121.  Block 11 of that form indicates that his
last duty assignment and major command was Fort Knox, Kentucky with duty
station Ripon, Wisconsin.

8.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  The regulation in effect at the time provided that the
place in which the individual Soldier was serving at the time of
enlistment/reenlistment would be entered in block 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was physically located in Ripon, Wisconsin at the time he
reenlisted on 1 June 1973 and he remained there until he was discharged on
3 March 1977, for the purpose of immediate reenlistment.  Unfortunately,
the applicant’s DD Form 214 dated 3 March 1977 is not present in the
applicant’s official records to verify or effect a correction to block 14,
if needed.  Therefore, in the absence of that document, there is no basis
for the Board to make corrections to that document.

2.  The applicant was also at Ripon, Wisconsin when he reenlisted on 4
March 1977 and when he was REFRAD on 31 August 1978.  However, his DD Form
214 reflects in block 14 that he entered active duty that period at Fort
Knox, Kentucky, where his command was located; however, the applicant was
physically located and took his oath of office at Ripon, Wisconsin.

3.  Therefore, the applicant’s DD Form 214 dated 31 August 1978 should be
corrected to reflect in block 14 that his place of entry into current
active service was “Ripon, Wisconsin 54971” instead of Fort Knox, Kentucky
40121.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____JA _  ____DD  _  ___JH __  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 changing block 14 of
his DD Form 214 dated 31 August 1978 to reflect the entry “Ripon, Wisconsin
54971” instead of Fort Knox, Kentucky 40121, as currently reflected.

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
correction of his DD Form 214 dated 3 March 1977, as it is not present in
the available records for review by the Board.





                            ____James Anderholm____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000366                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19780831                                |
|DISCHARGE AUTHORITY     |T10 USC 3914 & 3961                     |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |15-185                                  |
|ISSUES                  |189/DI                                  |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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