RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060000666


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. Jonathan Rost                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show he entered active duty on 10
September 1974.

2.  The applicant states, in effect, that his DD Form 214 reflects the
wrong enlistment date.

3.  The applicant provides a page from his DA Form 2-1 (Personnel
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1994.  The application submitted in this case is
dated 6 January 2006.

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’s DD Form 4/1 (Enlistment Contract) shows he enlisted in
the Regular Army on 10 September 1974 for a period of two years.

4.  Item 38 (Record of Assignments) on the applicant’s DA Form 2-1 shows
his enlistment date as 10 September 1974.

5.  The applicant was discharged from active duty on 25 July 1976 for
immediate reenlistment.  He completed 1 year, 10 months, and 16 days active
military service during this period.  There is no record of a DD Form 214
covering the period of service from 10 September 1974 to 25 July 1976.

6.  The applicant reenlisted on 26 July 1976 for a period of four years.
His DD Form 4 shows the date of his last enlistment as 10 September 1974.
He was discharged from active duty on 4 March 1980 for immediate
reenlistment.

7.  The applicant reenlisted on 5 March 1980 for a period of four years and
continued to serve on active duty through two reenlistments.

8.  On 12 October 1993, the applicant applied for voluntary retirement to
be effective 1 October 1994.  His DA Form 2339 (Application for Voluntary
Retirement) shows the initial date of his enlistment in the Regular Army as
10 September 1974.

9.  The applicant was released from active duty on 30 September 1994 and
was placed on the retired list on the date following.  His DD Form 214 for
the period ending 30 September 1994 shows he entered active duty on 26 July
1976 and completed 18 years, 2 months, and 5 days total active military
service during the period covered by the report.

10.  The applicant’s DD Form 214 for the period ending 30 September 1994
shows 1 year, 10 months, and 16 days total prior active service in item 12d
(Total Prior Active Service).

11.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active Army service at the time of release from
active duty, retirement or discharge.  In pertinent part, it directs that a
DD Form 214 will not be issued to replace record copies or DD Forms 214
lost by Soldiers.  If no DD Form 214 is available, a statement of service
or transcript of military record will be issued.

12.  Army Regulation 635-5 states, in pertinent part, that a DD Form 214
will not be prepared to cover a period of service for which a previous DD
Form 214 has been issued.  It also states that effective 1 October 1979, DD
Form 214s would no longer be issued for immediate reenlistments and that
all service would be continuous from the date the last DD Form 214 was
issued.  Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier
was discharged for the purpose of immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Regular Army
from 10 September 1974 to 25 July 1976.

2.  Although there is no evidence of record which shows the applicant was
issued a DD Form 214 for his period of active duty service from 10
September 1974 to 25 July 1976, he should have been issued one.  However,
it cannot be determined if one was issued but just is not available.  Since
such a determination cannot be made, a DD Form 214 cannot be prepared;
however, it would be appropriate to issue the applicant an Official
Statement of Service to show he served in the Regular Army from 10
September 1974 to 25 July 1976.

3.  The applicant reenlisted on 26 July 1976 and continued to serve on
active duty until 30 September 1994.  His DD Form 214 for the period ending
30 September 1994 properly reflects 1 year, 10 months, and 16 days of prior
active service in item 12d, which covers his service from 10 September 1974

to 25 July 1976.  Therefore, there is no basis to amend his DD Form 214 for
the period ending 30 September 1994 to show he entered active duty on
10 September 1974.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1994; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 September 1997.   The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

SP______  JR______  DH______  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 issuing him an Official
Statement of Service to show he served in the Regular Army from 10
September 1974 to 25 July 1976.

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 DD Form 214



for the period ending 30 September 1994 to show he entered active duty on
10 September 1974.




                            Susan Powers__________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000666                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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