RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 August 2006
      DOCKET NUMBER:   AR20060001727


      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. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dean Camarella                |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 separation be corrected to
reflect that he had 36 months of active service during his first enlistment
and that he attended a 2-week Chemical,Nuclear, Biological (CBR) Officer /
Noncommissioned Officer course in 1971.

2.  The applicant states that his separation orders for his first
enlistment specified that he was to receive credit for his first full term
of active duty of 36 months; however, his DD Form 214 does not reflect the
36 months of service.  He further states that he attended a 2-week
Chemical,Nuclear, Biological (CBR) Officer / Noncommissioned Officer course
in 1971 that was also omitted from his DD Form 214.

3.  The applicant provides a copy of his separation orders and a copy of
his course completion certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 September 1975.  The application submitted in this case was
received on 27 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 was born on 16 November 1950 and enlisted in the United
States Army Reserve (USAR) under the delayed entry program for a period of
6 years.  He enlisted in the Regular Army on 20 March 1970 for a period of
3 years and training as a movement control specialist.

4.  He completed his basic combat training at Fort Campbell, Kentucky and
his advanced individual training (AIT) at Fort Eustis, Virginia and was
transferred to Korea on 1 September 1970.  He was promoted to the pay grade
of E-5 on 12 August 1971 and departed Korea on 30 September 1971.

5.  His records indicate that he was en route to Europe but was assigned to
Fort Hamilton, New York.  He attended a 2-week Chemical, Nuclear,
Biological (CBR) Officer / Noncommissioned Officer course in 1971.  He
remained at Fort Hamilton until he was honorably released from active duty
(REFRAD) on 20 March 1972, under the provisions of Army Regulation 635-200
and Department of the Army Message 102035Z December 1971, (Reserve
Components Active Duty In-Service Recruiting Program), for early separation
prior to the expiration of his term of service, for the purpose of joining
a Reserve or National Guard unit for at least 1 year.  He had served 2
years and 1 day of active service during his first enlistment and his
separation orders indicate that he was given credit for completing his
first full term of service of 36 months.  He was transferred to a USAR unit
in Milwaukee, Wisconsin.  He completed his 1 year of service in the Ready
Reserve on 20 March 1973 and was transferred to the USAR Control Group
(Reinforcement).

7.  In block 25 of his DD Form 214 dated 20 March 1972, under “Education
and Training completed” the applicant’s attendance at the 2-week CBR course
was omitted.

8.  The applicant again enlisted on 3 March 1975 for a period of 3 years,
training as a Hawk Missile Fire Control Crewman, and assignment to the Air
Defense Command in Florida.  He completed his AIT at Fort Bliss, Texas and
was transferred to Homestead Air Force Base, Florida.

9.  On 15 September 1975, he was discharged under honorable conditions
under the provisions of Army Regulation 635-200, chapter 5, under the
Expeditious Discharge Program (EDP) for failure to maintain acceptable
standards for retention.  He had served 6 months and 13 days of active
service during his second enlistment and his prior active and inactive
service is reflected on his   DD Form 214 .

10.  On 29 January 1979, he applied to the Army Discharge Review Board
(ADRB) for an upgrade of his discharge to honorable.  The ADRB determined
that while his discharge was proper, he had shown by his previous
enlistment that he could serve honorably and therefore, the majority of the
board determined that his discharge should be upgraded.  However, the board
did not vote to change his narrative reason and authority for discharge.
Accordingly, the applicant was issued an honorable discharge on 21 May
1980.

11.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that information will be
entered on the DD Form 214 as it is contained in the official records at
the time of separation.

12.  Army Regulation 635-5, effective 15 September 2000 provided that the
mandatory entry “Soldier (has) (has not) completed first full term of
service” will be entered in the “Remarks” section of the DD Form 214.  This
entry assists the State in determining eligibility for unemployment
compensation entitlement.  Routinely, a Soldier should not be considered to
have completed the first full term of active service if separation occurs
before the end of the initial contracted period of service.  The regulation
in effect at the time of the applicant’s separation did not have a
provision for making such entries.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to
reflect that he served 36 months of active duty service during his first
enlistment has been noted and found to be without merit.  The applicable
regulations require that the DD Form 214 reflect information that is
current as of the effective date of separation.  The applicant had not
served 36 months of active service as of the date of his REFRAD on 20 March
1972.  Accordingly, his DD Form 214 correctly reflects the amount of active
service he performed.

2.  Notwithstanding that the applicant’s separation orders reflect that he
was credited with his full term of service, it is reasonable to presume
that the purpose of that entry was to indicate that the applicant had
satisfied the terms of his enlistment contract by agreeing to serve 1 year
in the Ready Reserve and had essentially completed his first full term of
his enlistment.

3.  In any event, the orders issuing authority did not have the authority
to grant the applicant additional active duty credit that he did not
perform and he has failed to convince the Board through the evidence
submitted with his application or the evidence of record that he is
entitled to such service.

4.  However, the applicant’s contention that his attendance at the 2-week
Chemical, Nuclear, Biological (CBR) Officer / Noncommissioned Officer
course in 1971 should be entered on his DD Form 214 has been noted and
appears to have merit.  Accordingly, that course should be added to his DD
Form 214 dated 20 March 1972 at this time.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 September 1975; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 September 1978.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
(evidence or argument), it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RD __  ____DC _  ___RN__  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 showing in block 25 of
his DD Form 214 dated 20 March 1972 that he completed a 2-week CBR Officer
/ Noncommissioned Officer course in 1971.

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
showing that he completed 36 months of active service during his first
enlistment.




                            _____Richard Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001727                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19750915                                |
|DISCHARGE AUTHORITY     |AR 635-200, Para 5-31h(2)               |
|DISCHARGE REASON        |EDP                                     |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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