RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            07 SEPTEMBER
      DOCKET NUMBER:   AR20060002804


      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. Deyon D. Battle               |     |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 that the date of discharge that is currently
reflected on his Report of Transfer or Discharge (DD Form 214) be changed.

2.  The applicant states that the incorrect date of his discharge is
reflected on his DD Form 214.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 September 1969.  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.  On 6 September 1966, he enlisted in the Army in Portland, Oregon, for
3 years, in the pay grade of E-1.  He successfully completed his training
as a radio relay and carrier repairer.

4.  The applicant was promoted to the pay grade of E-2 on 6 January 1967,
and to the pay grade of E-3 on 9 May 1967.  Upon completion of his service
school training as a radio relay and carrier repairer, he was transferred
to Vietnam on 2 August 1967.

5.  He was promoted to the pay grade E-4 on 27 October 1967.

6.  The applicant returned to the Continental United States and was
assigned to Fort Bragg, North Carolina as a duty soldier on 15 October
1968.



7.  Orders were published on 4 September 1969, releasing the applicant from
active duty with an effective date of 5 September 1969, and transferring
him to the United States Army Reserve (USAR) Control Group (Reinforcement),
to complete his Reserve obligation.

8.  The DD Form 214 that he was furnished at the time of his discharge
shows the effective date of his release from active duty and transfer to
the USAR as 5 September 1969.

9.  Orders were published on 23 August 1972, discharging the applicant from
the USAR Control Group (Standby), with an effective date of 5 September
1972.

10.  Army Regulation 635-5 prescribes the separation documents which are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It establishes standardized
policy for preparing and distributing the DD Form 214.  It states, in
pertinent part, that a DD Form 214 will be prepared for all personnel at
the time of their retirement, discharge, or release from the active Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 was prepared in accordance with the
applicable regulation as it appropriately reflects the date that he was
released from active duty.

2.  His contention that the incorrect date of his discharge is reflected on
his DD Form 214 has been noted.  However, the evidence of record clearly
shows that he was released from active duty on 5 September 1969.  He was
discharged from the USAR on 5 September 1972, and in accordance with the
applicable regulation, his DD Form 214 was prepared to reflect his service
as it existed at the time of his release from active duty.

3.  His DD Form 214 properly shows his date of release from active duty as
5 September 1969; therefore, there is no basis for granting the applicant's
request.

4.  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 this requirement.


5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 September 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 September 1975.  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

___DH __  ___JR___  ___SP __  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.




                                  _____Susan Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002804                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19660906                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  190                 |110.0100/CHANGE IN DATE                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]