RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 February 2008
      DOCKET NUMBER:  AR20070012186


      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:

|     |Mr. Patrick H. McGann             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 22 (Statement of
Service) of his 30 June 1968 separation document (DD Form 214).

2.  The applicant states, in effect, that he never had a break in service
and his total service is not correctly entered in Item 22 of his final DD
Form 214.

3.  The applicant provides the following documents in support of his
application:  Retirement Orders; DD Forms 214, dated 30 June 1968 and 10
September 1963; WD AGO Forms 53-55, dated 11 November 1945 and 14 November
1947; and Department of the Army (DA) Letter, dated 26 May 1959.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he was initially inducted into the
Army of the United States and entered active duty on 7 July 1944.  He
served on active duty for 1 year, 4 months and 5 days until 11 November
1945, at which time he was honorably discharged for the purpose of
enlistment in the Regular Army (RA).

3.  On 12 November 1945, the applicant enlisted in the RA and served on
active duty in that status for 1 year, 6 months and 3 days until 14 May
1947, at which time he was honorably discharged at the expiration of his
term of service (ETS).

4.  On 21 September 1949, after a break in service for 2 years, 4 months
and
7 days, the applicant again enlisted in the RA and continued serving on
active duty for 3 years and 1 day until 21 September 1952, at which time he
was honorably discharged for the purpose of immediate reenlistment.

5.  On 22 September 1952, the applicant reenlisted in the RA and remained
on active duty for 4 years, 11 months and 19 days until being honorably
discharged for the purpose of immediate reenlistment on 10 September 1957.


6.  On 11 September 1957, the applicant reenlisted in the RA and served on
active duty for 6 years until 10 September 1963, at which time he was
honorably discharged for the purpose of immediate reenlistment.

7.  On 11 September 1963, the applicant reenlisted in the RA and remained
on active duty for 3 years and 3 months until 10 December 1966, at which
time he was honorably discharged for the purpose of immediate reenlistment.


8.  On 11 December 1966, the applicant reenlisted in the RA and remained on
active duty for 1 year, 6 months, and 20 days until 30 June 1968, at which
time he was honorably retired for length of service after completing a
total of 21 years, 7 months, and 18 days of active military service.

9.  The Application for Retirement (DA Form 2339) submitted by the
applicant
on 1 November 1967, outlines the dates of the applicant's service in Item
17 (Chronological Dates of Military Service).  This item confirms the
applicant completed a total of 21 years, 7 months and 18 days of active
military service between 7 July 1944 and 30 June 1966, with one break in
service between
15 May 1947 and 20 September 1949.   This document also confirms the
applicant's induction on 7 July 1944, and his enlistments and reenlistments
of
12 November 1945, 21 September 1949, 22 September 1952, 11 September 1957,
11 September 1963, and 11 December 1966.  The applicant authenticated this
document with his signature.

10.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in
Item 16 (Service Dates) that his Basic Active Service Date (BASD), Basic
Pay Entry Date (BPED), and Basic Enlisted Service Date (BESD) were all
adjusted to
14 November 1946.  Item 48 (Date of Audit) shows the applicant last audited
the DA Form 20 on 12 December 1966.

11.  The DD Form 214 issued to the applicant on 30 June 1968, the date of
his retirement, confirms in Item 22 that the applicant completed 1 year, 6
months and 20 days of active duty service during the period covered by the
DD Form 214
(11 December 1966-30 June 1968), 20 years and 28 days of prior active
service and a total of 21 years, 7 months and 18 days of active military
service.  The applicant authenticated this document with his signature on
the date of his separation.
12.  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.  The regulation also contains item-by-item instructions for
preparation of the DD Form 214.  The version of the regulation in effect at
the time of the applicant's retirement stipulated that Item 22a(2) would
contain all prior military service (active and inactive) completing by the
member, Item 22a(3) would contain the total service (active and inactive)
completed by the member, and Item 22b would contain the total active
military service completed by the member.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he had no break in service and that
Item 22 of his final DD Form 214 should be corrected accordingly was
carefully considered. However, there is insufficient evidence to support
this claim.

2.  The evidence of record confirms the applicant continuously served on
active duty for 2 years, 10 months and 8 days from 7 July 1944 through 11
November 1945.  It also shows he had a 2 year, 4 month and 7 day break in
service between 15 May 1947 and 20 September 1949, and that he again
continuously served on active duty for 18 years, 9 months and 10 days from
21 September 1949 through 30 June 1968.  This confirms he completed a total
of 21 years,
7 months and 18 days of military service, as is accurately documented in
Item 22 of his final DD Form 214.

3.  The applicant's DA Form 20 also confirms that his BASD, BPED and BESD
were all adjusted to 14 November 1946, to account for his break in service
between 15 May 1947 and 20 September 1949.  As a result, absent any
evidence of record or independent evidence submitted by the applicant that
shows he performed any active or inactive military service during this
break in service period, 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.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PHM _  __ECP__  __MJF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____Patrick H. McGann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012186                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/06/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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