RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060004741


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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 item 12a (Date entered
AD [Active Duty] This Period), to show the entry "74 08 25" (25 August
1974), instead of the entry "77 05 11" (11 May 1977), and item 12c (Net
Active Service This Period), to show the entry "15 04 19" (15 Years,
4 months, and 19 days, in stead of the entry "12 06 26" (12 years,
6 months, 26 days), of his DD Form 214 (Certificate of Release or Discharge
from Active Duty), dated 6 December 1989.

2.  The applicant states, in effect, that he was discharged to "quick
Christmas"  (sic Christmas Early Release Program) and that item 12a and
12c, of his           DD Form 214, dated 6 December 1989, are incorrect.

3.  The applicant provides a copy of two of his DD Forms 214, dated
6 December 1989 and 10 May 1977, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 December 1989, the date of his discharge.  The application
submitted in this case is dated 21 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 he enlisted in the Regular Army on
25 August 1974, as a light weapons infantryman, in military occupational
specialty 11B, in pay grade E-2, with prior service in the California Army
National Guard (CAARNG).  He was promoted to pay grade E-5 effective
30 October 1976.  He continued to serve until he was honorably discharged
on 10 May 1977, in order to reenlist.




4.  Item 18a (Record of Service/Net Active Service This Period), of his DD
Form 214 (Report of Separation from Active Duty), dated 10 May 1977, shows
the entry "02 08 16" (2 years, 8 months, and 16 days), and item 18b, shows
the entry "00 04 00" (4 months), and item 18c (Total Active Service), shows
the entry     "03 00 16" (3 years and 16 days).

5.  The applicant reenlisted on 11 May 1977, in pay grade E-5.  He was
promoted to staff sergeant (SSG/E-6) with an effective date of 4 January
1984 and date of rank of 8 September 1983.

6.  The applicant's last enlistment, dated 30 May 1984, shows he
reenlisted, in pay grade E-6, for 6 years, with an established expiration
of term of service (ETS) of 29 May 1990.

7.  The applicant continued to serve until he was honorably discharged
under the provisions of Army Regulation 635-200, Chapter 9, for alcohol
abuse, rehabilitation failure, on 6 December 1989, in pay grade E-4.

8.  Item 12a (Date Entered Active Duty This Period), of his DD Form 214,
dated 6 December 1989, shows the entry "77 05 11" (11 May 1977), item 12c
(Net Active Service This Period), shows the entry "12 06 26" (12 years,
6 months, and 26 days), and item 12d (Total Prior Active Service), show the
entry " 03 01 06" (3 years, 1 months, and 6 days).

9.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It
states, in pertinent part, that item 12a (Date Entered Active Duty This
Period) will be completed to show the beginning date of the continuous
period of AD service for which a DD Form 214 was not previously issued.
Item 12c will be completed to show the amount of service, computed by
subtracting item 12a from 12b (Separation Date This Period), less lost
time, if any.  Item 12d (Total Prior Active Service) will be completed to
show the amount of prior active military service, less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  The evidence show the applicant enlisted in the RA with prior service,
in the CAARNG.  He completed 2 years, 8 months, and 16 days of net active
service and 4 month of prior active service for a total 3 years and 16 days
of total active service.  His DD Form 214, dated 10 May 1977, is correct as
currently constituted.

2.  The evidence shows the applicant reenlisted on 11 May 1977 and
continued to serve until he was honorably discharged on 6 December 1989.
He completed 12 years, 6 months, and 26 days of net active service.  Item
12a and 12c of his DD Form 214, dated 6 December 1989 are correct as
currently constituted and there is no basis for a change to these entries.

3.  Item 12d, of his DD Form 214, dated 6 December 1989, shows he completed
3 years, 1 month, and 6 days of total prior active service.  However, the
evidence shows he completed only 3 years and 16 days of total prior service
from his previous DD Form 214, dated 10 May 1977.

4.  The applicant contends that item 12c, of his DD Form 214, dated
6 December 1989, should show the entry "15 04 19" (15 years, 4 months, and
19 days).  However, by subtracting the date in item 12a from the date in
item 12b, the period, the DD Form 214, dated 6 December 1989, correctly
shows he completed only 12 years, 6 months, and 26 days of net active
service this period.

5.  It is noted that item 12d, of his DD Form 214, dated 6 December 1989,
shows the incorrect total prior active service.  The applicant’s correct
prior active service is 3 years and 16 days, which is shown in item 18c, of
his DD Form 214, dated 10 May 1977.  The applicant is entitled to
correction of item 12d, of his DD Form 214, dated 6 December 1989, to show
the entry "03 00 16" (3 years and 16 days) instead of the entry "03 01 06"
(3 years, 1 months, 6 days).

6.  The applicant alleges that he was discharged due to a "quick Christmas"
(Christmas Early Release Program).  However, there is no evidence in the
applicant's records, and the applicant has provided no evidence, to show
that he was approved for an early release due to the Christmas Holidays in
1989.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___J____  __DJP __  __SP____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing the entry "03
00 16" in item 12d (Total Prior Active Service), of his DD Form 214, dated
6 December 1989.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
item 12a (Date Entered AD This Period), of his DD Form 214, dated
6 December 1989, to show the entry       "74 08 25" (25 August 1974), and
item 12c (Net Active Service This Period), to show the entry "15 04 19"
(15 years, 4 months, 19 days).




                                  _____John T. Meixell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004741                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19891206                                |
|DISCHARGE AUTHORITY     |AR 635-200, CHAP 9                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT/DENY                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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