RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060001831


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |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, in effect, that his DD Form 214 (Report of
Separation from Active Duty) be corrected to show 11 January 1975 as the
date he entered active duty.

2.  The applicant states that he wants his record to be corrected to show
he entered the military on 11 January 1975 under the Delayed Entry Program
(DEP) instead of 3 June 1975.

3.  The applicant provides his DD Form 214 and his discharge certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 June 1978.  The application submitted in this case is
dated          24 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 records show he enlisted in the Regular Army on 3 June
1975 for a period of 3 years.  The applicant was honorably discharged on 2
June 1978.

4.  The applicant’s DD Form 214, item 15, lists the date he entered active
duty as 3 June 1975.  This form shows his net active service as 3 years.
His prior inactive service is listed as 4 months and 22 days.  The total
service for pay is listed as 3 years, 4 months and 22 days.

5.  The records further show that on 11 January 1975, the applicant
enlisted in the DEP and acknowledged that the date of his enlistment in the
Regular Army was scheduled for 3 June 1975.


6.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows his
pay entry basic date as 11 January 1975 and his basic active service date
was listed as 3 June 1975.

7.  The applicant provided his Honorable Discharge Certificate that
verifies he was discharged from the United States Army Reserve on 10
January 1981.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) clarifies the DEP.  The regulation states, in pertinent part, that
an individual going on active duty may enlist first into DEP.  This is an
actual enlistment into the inactive reserves, with an agreement to report
for active duty at a specific time in the future.

9.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, to enter in item
15, the date entered active duty this period.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that there was 4 months and 22 days between
the time the applicant enlisted in the DEP on 11 January 1975 and the time
he entered active duty on 3 June 1975.  The date he entered active duty is
correct.  Additionally, the 4 months and 22 days he was in the DEP was
considered inactive service and is also correctly reflected on his DD Form
214.  Therefore, there is no error or injustice and no basis to correct the
applicant’s DD Form 214.
2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 June 1978; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           1 June 1981.  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

___PM __  __RS ___  ___DH __  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.




                                  _____Patrick McGann_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001831                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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