RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         31 August 2006
      DOCKET NUMBER:  AR20060000638


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 Item 12d ((Total Prior Active
Service), Item 12e (Total Prior Inactive Service), and Item 12f (Foreign
Service) of his
31 July 1980 separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that he believes Item 12d should read
27 years, 7 months and 27 days.  Item 12e should read 4 years, and Item 12f
should read 7 years, 5 months, and 8 days.

3.  The applicant provides his 31 July 1980 DD Form 214 and extracts of his
Enlisted Qualification Record (DA Form 20) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 July 1980, the date of his release from active duty
(REFRAD) for retirement.  The application submitted in this case is dated 3
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.  An application for retirement submitted by the applicant on 10 March
1980, shows he served in Army National Guard (ARNG) for 4 years, from 13
May 1949 through 12 May 1953.  This ARNG service included 2 months and 1
day of active military service.  It also shows he served in the Regular
Army for 26 years,
7 months, and 27 days, from 4 December 1953 through 31 July 1980.  Item 16
(Total Active Service Creditable for Retirement) shows he completed a total
of
26 years, 9 months, and 28 days of active military service.  Item 17 (Total
Inactive Service Creditable for Basic Pay Only) shows he completed a total
of
3 years, 9 months, and 29 days of inactive military service, and Item 18
(Total Service for Basic Pay Purposes) shows he completed a total of 30
years,
7 months, and 27 days of military service for basic pay purposes.  The
applicant authenticated this document with his signature on 19 March 1980.


4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 5 (Overseas Service), that the applicant completed overseas tours in
Germany, Korea, Vietnam, and two tours in Alaska.  It confirms he served in
Germany for
2 years, 11 months, and 24 days, from 10 September 1960 through 3 September
1963.  He served in Korea for 1 year, 1 month, and 27 days, from 30 January
1967 through 16 March 1968.  He served in Vietnam for 9 months and 13 days,
from 5 May 1972 through 17 February 1973.  He served in Alaska first for
2 years, 5 months, and 25 days, from 3 April 1969 through 27 September
1971, and again for 2 years, 1 month, and 8 days, from 23 June 1978 through
31 July 1980.

5.  On 31 July 1980, the applicant was honorably REFRAD for the purpose of
retirement.  Item 12 (Record of Service) of the DD Form 214 he was issued
upon his separation shows he completed 3 years, 9 months, and 25 days of
active military service during the period covered by the separation
document, and Item 12d shows he completed a total of 23 years and 3 days of
prior active military service, for a total of 26 years, 9 months, and 28
days of active military service.  Item 12e (Total Prior Inactive Service)
shows he completed 3 years, 9 months, and 29 days of prior inactive
military service, for a total of 30 years, 7 months, and 27 days of
military service for basic pay purposes.  Item 12f shows he completed 2
years, 11 months, and 16 days of overseas service during the period covered
by the DD Form 214.

6.  Army Regulation 635-200 (Separation Documents) prescribes the
separation documents that must be prepared for Soldiers on retirement,
discharge, release from active duty service, or control of the Active Army.
 It also establishes standardized policy for preparing and distributing the
DD Form 214.  Chapter 2 contains item-by-item instructions for preparing
the DD Form 214.  The instructions for Item 12 state that the total amount
of prior active military service less lost time, if any, will be entered in
item 12d; that the total amount of prior inactive service, less lost time,
if any will be entered in Item 12e; and the total amount of foreign service
completed during the period covered by the DD Form 214 will be entered in
Item 12f.  The regulation stipulates that the information contained on the
DD Form 214 will be taken from the Personnel Qualification Record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that periods entered in Item 12d, Item 12e
and Item 12f of his 31 July 1980 DD Form 214 should be corrected was
carefully considered.  However, there is insufficient evidence to support
this claim.

2.  The evidence of record confirms the periods of active and inactive
military service entered in Item 12d and Item 12e of the DD Form 214 in
question correspond to the service dates documented in the applicant's
service record, as evidenced by the retirement application on file, dated
18 March 1980, which was authenticated by the applicant with his signature.
 In effect, his signature was his verification that the information
contained on the retirement application was correct and coincided with the
information contained in his Personnel Qualification Record at the time it
was prepared.  Therefore, there is an insufficient evidentiary basis to
support correcting these items of his DD Form 214.

3.  The applicant's DA Form 2-1 confirms that during the period of active
duty service covered by the DD Form 214 in question, the applicant
completed
2 years, 1 month, and 9 days of overseas service in Alaska.  There is no
other information on file in his record that indicates he completed any
additional overseas service between 6 October 1976 and 31 July 1980, the
period of active duty service covered by the DD Form 214 in question.  The
Item 12f entry on the applicant's DD Form 214 shows he completed a total of
2 years, 11 months, and 16 days of foreign service during this period.
Therefore, given the adjustment supported by the evidence of record would
result in a less favorable outcome to the applicant, which is no allowable
under the existing Board policy, no correction will be made to Item 12f.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1980, the date of his REFRAD
for retirement.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 30 July 1983.  He failed to
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

___WDP_  ___JCR _  __KSJ __  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.




                                  ____William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000638                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/08/31                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1980/07/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1029 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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