RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060005884


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |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 that he be granted an additional period of
active duty credit for travel time and attendance at an "orientation".

2.  The applicant states he was told that he was supposed to get credit for
time spent during orientation and traveling time.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22  February 1980, the date of his release from active duty.
The application submitted in this case is dated 14 April 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 records show the applicant enlisted under the Delayed Entry Program
(DEP) on 16 August 1979 and entered active duty on 28 August 1979.

4.  The applicant appears to have been granted leave for the holidays in
excess of that which he had earned as of that point.

5.  On 18 January 1980 the applicant’s training squadron commander
recommended that he be considered for a Trainee Discharge Program (TDP)
separation due to poor attitude, lack of motivation, and repeated medical
complaints.

6.  On 7 February 1980 the applicant’s company commander initiated action
to release him from active duty due to poor behavior, attitude, and
performance.

7.  The applicant acknowledged this action and elected not to submit a
statement on his own behalf.

8.  On 19 February 1980 the discharge authority approved the release from
active duty and directed the applicant be separated under the provisions of
Army Regulation 635-200, paragraph 5-33f(1).

9.  The applicant was released from active duty on 22 February 1980 under
the Trainee Discharge Program as a marginal or nonproductive Soldier and
transferred to the United States Army Reserve (USAR) Control Group Annual
Training.  He is shown to have 5 months and 25 days of creditable active
service with 11 days of inactive service and 8 days of excess leave.

10.  Army Regulation 600-8-10 (Leaves and Passes) paragraph 2-3 states that
Soldiers on active duty earn 30 days of leave a year with pay and
allowances at the rate of 2 and ½ days a month.  This entitlement excludes
periods of absence without leave (AWOL); confinement resulting from a court-
martial sentence; confinement for more than 1 day while awaiting court-
martial, provided the Soldier is convicted; unauthorized absence because of
detention by civil authorities; absence in custody of civil authorities
under provisions of Article 14, Uniformed Code of Military Justice (UCMJ),
provided a Soldier is not entitled to receive pay and allowances; absence
over 1 duty day due to use of drugs or alcohol or because of disease or
injury resulting from the Soldier's misconduct; and excess leave.

11.  Army Regulation 600-8-10, paragraph 4-5d states that advanced leave
changes to excess leave on date of separation, reenlistment, or entry into
an extension of enlistment.

12.  Army Regulation 635-5 (Separation Documents), paragraph 2-4 contains
the procedures for calculating and recording a Soldier's creditable
service.  Sub paragraph h(12) states that entries at Item 12 (Record of
Service) are entered as follows:

      a.  item 12a (Date Entered Active Duty (AD) This Period) enter the
beginning date of the continuous period of AD for issuance of this DD Form
214, for which a DD Form 214 was not previously issued.

      b.  item 12b (Separation Date This Period), this date may not be the
contractual date if Soldier is separated early, voluntarily extends, or is
extended for make up of lost time, or retained on active duty for the
convenience of the Government.


      c.  item 12c (Net Active Service This Period), the amount of service
this period, computed by subtracting item 12a from 12b.  Lost time under 10
USC 972 and non-creditable time are deducted.  Such time is to be
identified in block 18.

13.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) sets forth the basic authority for separation of enlisted
personnel.  Chapter 5 of the regulation provided, at that time, for the
administrative separation of individuals who had demonstrated during the
first 180 days of training that they lacked the necessary motivation,
discipline, ability or aptitude to become effective Soldiers.  This
program, known as the Trainee Discharge Program, mandated the award of an
honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  By physical count, the applicant was on active duty for 179 days.
However, in accordance with policy, the period of advanced leave for which
he had not yet earned annual leave credit was converted to excess leave and
subtracted from his total period of creditable service.

2.  The records contains no documentation that the applicant was in an
active duty status for any period other than that which is reflected on his
DD Form 214 (Certificate of Release or Discharge from Active Duty).  Any
attendance at an orientation during his period of DEP is not creditable as
active duty nor is any travel prior to his entry onto active duty.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 February 1980; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 February 1983.  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

__JMM__  __PMS__  __KAN __  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.




                                  __Kathleen A. Newman___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005884                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110                                     |
|2.                      |100                                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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