RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      11 October 2006
      DOCKET NUMBER:  AR20060004270


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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 to his service time on
his DD Form 214 (Report of Transfer or Discharge) to show an additional 14
days of active duty service.

2.  The applicant states that one year after his release from active duty
he was called back to Fort Jackson, under the Control Group, and this time
is not reflected on his DD Form 214.  He had two years of active duty, two
years of inactive service, and two years on standby.  He works for the
State and is trying to buy his military time for use towards his
retirement.  He does not have any paperwork for the time he was serving at
Fort Jackson and he was there for 14 days.

3.  The applicant provides copies of his DD Form 214 and Honorable
Discharge Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 March 1968, the date of his separation from active duty.  The
application submitted in this case is dated 10 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 records show he was inducted into the Army of
the United States, in pay grade E-1, on 21 March 1966.

4.  The applicant's records show he attended Basic and Advanced Individual
Training at Fort Jackson, South Carolina (SC) from 25 March 1966 through
29 July 1966.

5.  The applicant was separated from active duty, in pay grade E-3, on 1
March 1968.  He was transferred to the United States Army Reserve (USAR)
Control Group (Annual Training).
6.  The applicant was issued a DD Form 214 that shows in Items 22a(1) (Net
Service This Period) 1 year, 11 months, and 11 days.  Item 22b (Total
Active Service) shows 1 year, 11 months, and 11 days.  Item 22c (Foreign
and or Sea Service) shows 1 year and 7 months.

7.  Item 25 (Education and Training Completed) of his DD Form 214 shows he
completed the Food Service Course at Fort Jackson, South Carolina.

8.  The applicant was discharged from the USAR (Standby Control Group) for
expiration of his term of service on 20 March 1972.  His discharge orders
show he served in Standby Reserve from 22 March 1971 to 20 March 1972.

9.  Army Regulation 635-5, in effect at the time, governed the preparation
of the DD Form 214.  This regulation specified that the DD Form 214 is a
summary of a Soldier's most recent period of continuous active duty to
include attendance at basic and advanced training.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to correction to his service time on his DD Form 214 to show 14
additional days of active duty service.  He has not shown error, injustice,
or inequity for the relief he now requests.

2.  The applicant was inducted and entered on active duty on 21 March 1966.
 He was separated from active duty on 1 March 1968.  Calculation of this
period of service totals 1 year, 11 months and 11 days.  He completed basic
and advanced training at Fort Jackson from 25 March 1966 to 29 July 1996.
This time was appropriately included in his total net service this period
and was properly shown on his DD Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 March 1968, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 28 February
1971.  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

__PHM __  _DRG___  _RSV___  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 H. McGann, Jr._____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004270                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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