RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 NOVEMBER 2006
      DOCKET NUMBER:  AR20060004479


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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 his DD Form 214 shows his service up to
10 December 1984.  However, there is no DD Form 214 showing his service up
to 1985 or the two weeks he served in Germany during summer camp.

3.  The applicant provides his DD Form 214, Honorable Discharge
Certificate, DA Form 4836 (Oath of Extension of Enlistment or
Reenlistment), itinerary, and several Leave and Earning Statements.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 December 1985, the date he was released from the
United States Army Reserve (USAR).  The application submitted in this case
is dated
23 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 record shows that he enlisted in the USAR for 6 years
on
11 December 1978.  On 2 December 1984 he extended his enlistment for 1-year
and established a new expiration term of service (ETS) of 10 December 1985.

4.  The applicant’s DD Form 214 shows he entered active duty on 26 January
1979 and was separated on 31 May 1979.  He was credited with 4 months and
6 days of active duty service.  This form also lists the applicant’s
terminal date of Reserve Service/Military Selective Service obligation as
10 December 1984.

5.  The applicant’s Honorable Discharge Certificate verifies that he was
discharged from the USAR on 10 December 1985.

6.  The applicant provided copies of his LESs to show that he received pay
for the following periods:  1 – 31 May 1984 for unit training on 12 May
1984; 1 – 30 September 1984 for unit training on 7 September 1984 to 9
September 1984;      1 - 30 November 1985 for unit training on 15 November
1985 and 25 November 1985; and 1 – 30 December 1985 for unit training on 7
December 1985 to            8 December 1985.

7.  The applicant also provided a two day itinerary with a copy of a map of
Amsterdam.

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 (RC) Soldiers completing 90 days or more of continuous
active duty for training (ADT), Full-Time National Guard Duty (FTNGD),
active duty for special work (ADSW), temporary tours of active duty (TTAD),
or Active Guard Reserve (AGR) service.

DISCUSSION AND CONCLUSIONS:

1.  There is no documentation, and the applicant has not provided any, that
shows during his enlistment in the USAR he was called to active duty at any
time other than the 4 months listed on his DD Form 214.  The LESs he
provided verify that he was paid for his participation in unit training
exercises.  However, his participation in these exercises does not meet the
qualifications for issuance of a DD Form 214.  Therefore, in the absence of
documentation verifying his continuous 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 10 December 1985; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     9 December 1988.  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

__MP ___  __RR ___  ___EF __  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.




                                  ____Margaret Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004479                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061109                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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