RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 June 2007
      DOCKET NUMBER:  AR20060015535


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. LaVerne M. Douglas            |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, that his 15 September 1992
separation document (DD Form 214) be corrected to credit him with 15
instead of 12 years of service.

2.  The applicant states, in effect, that his DD Form 214 incorrectly
credits him with 12 years instead of 15 years of service.  He claims he was
not credited with the proper time in service for retirement and benefits in
the separation document in question.

3.  The applicant provides 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 15 September 1992, the date of his discharge.  The
application submitted in this case is dated 27 October 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 contains an Enlistment Contract (DA Forms 4/1-
4/2-4/3 and 4/4) that shows he enlisted in the United States Army Reserve
(USAR) Delayed Entry Program (DEP) on 11 June 1980.  It also contains
entries in
Item 9 (Previous Military Service Upon Enlistment/Reenlistment) that
indicate he had no prior active or inactive service when he enlisted in the
DEP on 11 June 1980.  It also shows that on 6 August 1980, he was
discharged from the DEP and enlisted in the Regular Army for four years;
and that he entered active duty on that date.

4.  The applicant's Personnel Qualification Record, Part I (DA Form 2)
shows his Pay Entry Basic Date (PEBD) as 11 June 1980, and his Basic Active
Service Date (BASD) as 6 August 1980.

5.  Item 35 (Record of Assignments) of the applicant's Personnel
Qualification Record (DA Form 2-1) shows he served in the USAR DEP from
June through August 1980, and that he entered active duty on 6 August 1980.
there is no indication that the applicant completed any prior active or
inactive service prior to June 1980.

6.  The applicant's Military Personnel Records Jacket is void of any
documents indicating that the applicant had completed any inactive or
active military service prior to his 11 June 1980 enlistment in the USAR
DEP.

7.  The applicant continuously served on active duty through reenlistments
until 15 September 1992, at which time he was honorably discharged, in the
rank of sergeant, upon the expiration of his term of service.  Item 12c
(Net Active Service This Period) contains an entry confirming he completed
a total of 12 years,
1 month and 10 days of active military service.  Item 12d (Total Prior
Active Service) contains an entry showing he completed no prior active
military service, and Item 12e (Total Prior Inactive Service) contains an
entry confirming he completed 1 month and 25 days of prior inactive
military service.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains item-by-item preparation instructions for the DD
Form 214.  The instructions for Item 12c state to enter the amount of
active duty service completed during the period covered by the DD Form 214.
 The instructions for Item 12e state to enter the total amount of prior
active military service as documented on previously issued DD Forms 214,
and the instructions for Item 12e state to enter the total amount of prior
inactive service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was not properly credited with 15
years of service he completed on his 15 September 1992 DD Form 214 was
carefully considered.  However, there is insufficient evidence to support
this claim.

2.  The evidence of record confirms the applicant enlisted in the USAR DEP
on 11 June 1980 and served in that status for 1 month and 25 days until
being discharged to enlist in the RA and enter active duty on 6 August
1980.  It further confirms he entered active duty on 6 August 1980 and
continuously served in that status for 12 years, 1 month and 10 days until
being honorably discharged on 15 September 1992.

3.  The evidence of record further shows that the applicant was properly
credited with the 12 years, 1 month and 10 days of active military service
he completed between 6 August 1980 and 15 September 1990, in Item 12c of
his DD Form 214.  It also shows that he was also correctly credited with 1
month and 25 days of prior inactive duty service he completed in the DEP in
Item 12e.  Therefore, absent any evidence that the applicant completed any
inactive or active military service prior to 11 June 1980, there is an
insufficient evidentiary basis to support granting the requested relief.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 September 1992, the date of his
discharge.  Therefore, the time for him to file a request for correction of
any error or injustice expired on 14 September 1995.  He failed to 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

__LMD __  __EEM __  __RMN _  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.




                                  _____LaVerne M. Douglas____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015535                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/09/15                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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