RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060005188


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 DD Form 214
(Certificate of Release or Discharge from Active Duty) for the period
ending 11 April 1987 to show he served on active duty from 18 April 1985
through 17 April 1987 and to show he completed 2 years of active military
service.

2.  The applicant states, in effect, that his Chronological Statement of
Retirement Points shows incorrect data based on the incorrect data taken
from the DD Form 214.  He states that the retirement year for the period
1986 to 1987 should be one year and not 11 months and 25 days.

3.  The applicant provides a copy of his identification card; his
separation orders; his Military Pay Voucher; his Application for
Identification Card (DA Form 428); an advisory opinion from the U.S. Army
Human Resources Command, St. Louis, Missouri; and his Chronological
Statement of Retirement Points.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 April 1987.  The application submitted in this case is dated
9 May 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 enlisted in the U.S. Army Reserve (USAR) under the
delayed entry program on 6 February 1985.  He enlisted in the Regular Army
on 18 April 1985 for a period of two years.

4.  Department of the Army, 574th Personnel Service Company (Germany)
Orders 273-41, dated 24 October 1986, released the applicant from active
duty on 17 April 1987 and reassigned him to the U.S. Army Reserve Control
Group (Reinforcement) on the following date.  These orders show his
expiration term of service (ETS) as 17 April 1987.  It also shows his
availability date as 15 March 1987.

5.  The applicant’s Military Pay Voucher, dated 26 February 1987, shows his
ETS as 17 April 1987.  The pay voucher shows the applicant had an
administrative separation for early release and that he was not eligible
for early release due to his two-year enlistment.

6.  His Application for Identification Card issued on 17 March 1987 shows
his ETS as 17 April 1987.

7.  Headquarters, U.S. Army Training Center and Fort Dix Orders 079-236,
dated 20 March 1987, released the applicant from active duty with an
effective date of 11 April 1987.  There is no evidence of record which
indicates Department of the Army, 574th Personnel Service Company Orders
273-41, dated 24 October 1986, were revoked.

8.  The applicant’s DD Form 214 for the period ending 11 April 1987 shows
he entered active duty on 18 April 1985 and was separated on 11 April 1987.

9.  Item 12c (Net Active Service This Period) on the applicant's DD Form
214 for the period ending 11 April 1987 shows he completed 1 year, 11
months, and 24 days of active military service during the period covered by
the report.

10.  His Chronological Statement of Retirement Points, dated 27 September
2004, shows he served 11 months and 25 days for the retirement year
beginning on 18 April 1986 and ending on 11 April 1987.

11.  The applicant is currently serving in the Reserve component in the
rank of master sergeant.

12.  Army Regulation 635-5 (Separation Documents) directs that the
beginning date of the continuous period of active duty will be entered in
item 12a for issuance of this DD Form 214, for which a DD Form 214 was not
previously issued.  In the version in effect at the time, it directed that
the date separation was accomplished would be entered in item 12b and the
total active service will be entered in item 12c of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s enlistment contract shows he entered active duty on 18
April 1985 for a period of two years.

2.  The evidence of record shows the applicant’s ETS was 17 April 1987.
However, it appears he departed Germany for separation on or about the
availability date (15 March 1987) that was listed in the 574th Personnel
Service Company orders published on 24 October 1986.

3.  The orders, dated 20 March 1987, published by Headquarters, U. S. Army
Training Center and Fort Dix that show the applicant was released from
active duty on 11 April 1987, about a week before his normal ETS date,
appear to have separated him as a normal procedure.  He provides no
evidence to show he was retained on active duty until his normal ETS date
in a nonproductive status at the Fort Dix transition point.

4.  Therefore, the applicant’s DD Form 214 properly reflects his date of
separation as 11 April 1987.  Additionally, his DD Form 214 properly
reflects 1 year, 11 months, and 24 days of active military service.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 April 1987; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 10 April 1990.  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

WC______  AM______  DL______  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.




                                  William Crain_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005188                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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