RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2007
      DOCKET NUMBER:  AR20060006624


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 states, in effect, that the date he enlisted into the
Army is incorrect.

2.  The applicant states, in effect, that he enlisted into the Army on his
date of birth and not the date on his DD Form 214 ( Report of Separation
From Active Duty).”

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 20 May 1977.  The application submitted in this case is
dated
5 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's records show that he entered active duty on 12 May
1975.  He completed basic combat training and advanced individual training
and was awarded military occupational specialty (MOS) 11B (Infantryman).


4.  Item 4 (Date of Birth) of the applicant’s DD Form 214 contains the
entry: year “58,” month “05,” and day “01.”

5.  Item 15 (Date Entered Active Duty this Period) contains the entry year
“75,” month “05,” and day “12.”

6.  Item 6 (Date of Enl/Induc) of the applicant’s DD Form 4 (Enlistment
Contract-Armed Forces of the United States) shows that he enlisted into the
Army on
12 May 1975.

7.  Item 21 (Date of Birth) of the applicant’s DD Form 4 shows that the
applicant’s date of birth is 1 May 1958.

8.  Special Orders Number 093, Department of the Army, Armed Forces
Examining and Entrance Station, Atlanta, Georgia, dated 12 May 1975 shows
that the applicant enlisted on 12 May 1975.

9.  Army Regulation 635-5 (Separation Documents), then in effect,
establishes the standardized policy for preparing and distributing the DD
Form 214.  In pertinent part, it directs that you enter place of birth in
item 4 (Date of Birth) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his enlistment date on his DD Form 214
is incorrect was found to be without merit.

2.  The available evidence shows that the applicant enlisted in the Regular
Army on 12 May 1975.  Army Regulation states that the active duty date upon
enlistment or immediate reenlistment is shown in item 15 (Date Entered
Active
Duty This Period) of the DD Form 214.  Therefore, Item 15 (Date Entered
Active Duty This Period) of the applicant's DD Form 214 is correct as
recorded.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 May 1977; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
19 May 1980.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, 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

__WDP__  __PMS__  __JLP___  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 D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006624                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/13                              |
|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. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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