RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 October 2006
      DOCKET NUMBER:  AR20060003670


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Bernard P. Ingold             |     |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, correction of his military service
records to show that he entered the U.S. Army on 30 October 1976.

2.  The applicant states, in effect, that he has been trying for 15 years
to straighten out his records to show that he entered the Army on 30
October 1976, as shown by his record of medical examination.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 19 April
1978; Standard Form (SF) 93 (Report of Medical History), dated 30 October
1976; two SF 88 (Report of Medical Examination), dated 30 October 1976 and
31 March 1978; Department of Veterans Affairs (VA), Seattle Regional
Office, Rating Decision, dated 29 August 2005; and Department of VA, Puget
Sound Health Care System, Seattle, Washington, letter, dated 29 June 2005,
with accompanying Progress Notes.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 April 1978; the date of his discharge.  The application
submitted in this case is dated 1 March 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 military service records contain a DD Form 1966
(Application for Enlistment - Armed Forces of the United States) completed
by the applicant and an Armed Forces representative to determine the
applicant's eligibility for enlistment in the Armed Forces of the United
States.  Section V (Certification) of this document shows that the
applicant signed the application on 29 October 1976.  Section VII
(Enlistment Options) of the DD Form 1966 shows that on
12 May 1977 the applicant enlisted for the Delayed Entry Program (DEP) and
the Army recruiting official authenticated this item.  Section VIII
(Recertification by Applicant, and Correction of Data at Time of
Enlistment) shows that on 30 August 1977 the applicant changed his
enlistment option to "RA" (Regular Army) and affixed his signature to the
document.

4.  The applicant's military service records contain a copy of Department
of Defense (DoD), Armed Forces Examining and Entrance Station (AFEES),
Jackson, Mississippi, Order Number 97-6, dated 12 May 1977, which shows, in
pertinent part, that the applicant enlisted in the U.S. Army Reserve
(USAR), effective 12 May 1977.  Paragraph 3 of this document instructs
"[y]ou will proceed to your current home address, as indicated below, and
return to this AFEES for additional enlistment processing on the time and
date shown.  This document further shows that the applicant was instructed
to return not later than 0700 hours on 30 August 1977.

5.  The applicant's military service records contain a DD Form 4
(Enlistment or Reenlistment Agreement - Armed Forces of the United States).
 Section II (Agreements) of this document shows that on 12 May 1977 the
applicant enlisted in the USAR for a period of 6 years.  Section VI
(Confirmation of Enlistment or Reenlistment) of this document also shows
that the applicant acknowledged that he voluntarily enlisted in the USAR on
12 May 1977 for a period of 6 years and signed Item 22 (Signature of
Enlistee) of the DD Form 4.  Section VII (Change of Status) of this
document further shows that the applicant requested discharge from the USAR
on 29 August 1977 for the purpose of enlisting in the RA for a period of 3
years, effective 30 August 1977.  This document shows that the Army
representative accepted the applicant for enlistment in the RA and that the
applicant acknowledged his voluntary enlistment in the RA on 30 August 1977
for a period of 3 years by signing Item 37 (Signature of Enlistee) of the
document.

6.  The applicant's military service records contain a copy of DoD, AFEES,
Jackson, Mississippi, Reenlistment/Travel Order Number 176-7, dated 30
August 1977, which shows, in pertinent part, that the applicant enlisted in
the U.S. Army and was assigned to active duty, effective 30 August 1977.

7.  The applicant’s military service records contain a DD Form 214, with an
effective date of 19 April 1978.  This document shows, in pertinent part,
in Item 15 (Date Entered Active Duty This Period) the entry "77 08 30"
(i.e., 30 August 1977).  This document also shows that the applicant was
honorably discharged from the RA on 19 April 1978 after completing 7 months
and 20 days net active service during this period and 3 months and 18 days
of prior inactive service.  Item 29 (Signature of Person Being Separated)
shows that the applicant affixed his signature to the document.

8.  In support of his application, the applicant provides a copy of a SF 93
and
SF 88, both dated 30 October 1976.  Item 5 (Purpose of Examination) of the
documents both show the medical examination was conducted to determine the
applicant's qualification for enlistment and entry on active duty in the
RA.  Item 7 (Examining Facility or Examiner, and Address) of the SF 93
shows that the medical examination was conducted at the AFEES, Jackson,
Mississippi.  The applicant also provides a copy of a SF 88, dated 31 March
1978.  Item 5 of this document shows that a medical examination was
conducted to determine if the applicant was medically qualified for
separation under the provisions of Army Regulation 635-200 (Enlisted
Separations), Chapter 5 (Expeditious Discharge Program).  The Department of
VA documents that the applicant provides offer information concerning the
applicant's medical history, post-military service medical treatment, and a
VA rating decision that the applicant's particular medical conditions are
not service-connected; not incurred/caused by service.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant's separation, prescribes the separation documents that must
be prepared for Soldiers on retirement, discharge, release from active duty
service, or control of the Active Army.  It also establishes standardized
policy for preparing and distributing the DD Form 214.  Chapter 2 contains
guidance on the preparation of the DD Form 214.  It states, in pertinent
part, that the source documents for entering information on the DD Form 214
will be the Military Personnel Records Jacket, Personnel Qualification
Record, or any other document authorized for filing in the Official
Military Personnel File.

10.  Paragraph 2-1 (General) of the separation documents regulation states
that the DD Form 214 is the most vital document that the separatee will
receive from the Army.  The information on this form will be the
determining factor of any benefits to which an individual may be entitled
as a result of military service and it may be instrumental in obtaining
civilian employment.  It is of paramount importance that only accurate and
authorized information be entered on the
DD Form 214.  The instructions for Item 15 (Date Entered Active Duty This
Period) state to enter the date of entry on active duty using numerals for
the year, month, and day in the order shown.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military service records
should be corrected because he underwent a medical examination to enter the
Army on
30 October 1976, but his discharge document shows that he entered the Army
on 30 August 1977.  However, the applicant provides insufficient evidence
in support of his claim.
2.  The evidence of record shows that on 30 October 1976 the applicant
underwent a medical examination at the AFEES, Jackson, Mississippi, and it
was determined that he was qualified for enlistment and entry on active
duty in the RA.  The evidence of record also shows that the applicant
enlisted in the USAR for a period of 6 years on 12 May 1977.  The evidence
of record further shows that the applicant was discharged from the USAR on
29 August 1977 for the purpose of enlisting in the RA for a period of 3
years and entered active duty on 30 August 1977.  In addition, the evidence
of record shows that applicant signed the DD Form 4 when he enlisted in the
USAR on 12 May 1977, again when he was discharged from the USAR on 29
August 1977, and when he enlisted in the RA on 30 August 1977.  Moreover,
the evidence of record shows that, at the time of his discharge, the
applicant placed his signature on his DD Form 214 attesting to the accuracy
of information shown on the discharge document, which included, in
pertinent part, the date he entered active duty (i.e., 30 August 1977).

3.  The evidence of record fails to show that the applicant had any active
duty service prior to 30 August 1977.  Therefore, he is not entitled to
correction of
Item 15 (Date Entered Active Duty This Period) of his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 April 1978; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
18 April 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

___JEA__  __JAM __  __BPI___  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.




                                  ____James E. Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003670                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061031                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19780419                                |
|DISCHARGE AUTHORITY     |AR 635-200, Paragraph 5-31              |
|DISCHARGE REASON        |Expeditious Discharge                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0500.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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