RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060003029


      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, issuance of a DD Form 214
(Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he immediately reenlisted after he was
honorably discharged from active duty on 19 July 1983.  He maintains that
he should have received a DD Form 214 for his service during the period 20
July 1983 to 19 July 1986.

3.  The applicant provides his DD Form 214, Honorable Discharge
Certificate, Letter of Appreciation, and Enlistment/Reenlistment Document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 July 1986.  The application submitted in this case is
dated         15 February 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 record shows that he was honorably discharge from the
Regular Army on 19 July 1983.  He was credited with 14 years, 9 months and
22 days of active federal service at the time he was transferred to the
United States Army Reserve (USAR) Control Group (Reinforcement).

4.  The applicant’s Enlistment/Reenlistment Document, DD Form 4/1, shows
that on 20 July 1983 he enlisted in the USAR in the pay grade of E-5 for a
period of 3 years.  The document states in item 10 that the "Individual
Ready Reserve (IRR) Prior Service Enlistment Option (Chapter 5, AR 601-210)
PPN 95 United States Army Recruiting Command (USAREC) Exception to Policy
#83-333, granted     15 July 1983."  The exception to policy number 83-333
could not be located.


5.  The applicant provided a letter of appreciation, dated 20 August 2001,
from the commander of the 100th Supply Company that expressed his
appreciation to the applicant for providing military occupational specialty
(MOS) support to the General Supply Platoons.  The commander said that the
applicant provided
day-to-day valuable training during his (applicant) active Reserve duty
from
18 July 1983 to 20 July 1986.

6.  There are no orders or any documentation in the applicant’s Official
Military Personnel File verifying his service in the USAR.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), in effect at the time, provides processing procedures for
enlistment and reenlistment of prior service applicants.  Chapter 5,
paragraph 5-27, explains the preparation and assembly of documents required
when an applicant is processed on an active military installation for
enlistment in the (IRR) immediately following discharge from the Active
Army.  Additionally, the statement of "IRR Prior Service Enlistment Option
(AR 601-210, Chapter 5)" will be listed on the DD Form 4 Series in item 10.


8.  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 that the DD Form 214 is a summary of a
Soldier’s most recent period of continuous active duty service at the time
of release from active duty, retirement, or discharge.  The regulation
states, in pertinent part, that the DD Form 214 will be prepared for
Reserve Component Soldiers completing 90 days or more of continuous active
duty for training or initial active duty training that results in the award
of a military occupational specialty (MOS), even when the active duty
period was less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  There is no documentation, and the applicant has not provided any, that
shows during the three years he enlisted in the USAR he was in fact called
to active duty and therefore, the period he served on active duty entitled
him to the issuance of a DD Form 214.  The letter of appreciation from his
former commander dated over 15 years after the applicant provided "day-to-
day MOS training" is not sufficient evidence to warrant the issuance of a
DD Form 214.  In the absence of documentation verifying his active duty
service, there is no basis to grant the applicant’s request.

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 19 July 1986; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         18 July 1989.  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                 |AR20060003029                           |
|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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