RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070005963


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 correction of his records to show his date of
entry into the Army as 21 January 1963.

2.  The applicant states that he served his country for 6 years and that
5 1/2 months of his service was on active duty.  He states that he was told
by the Department of Veterans Affairs (VA) in Providence, Rhode Island,
that he was not eligible for VA benefits.  He states that he served during
Vietnam and that this error also affects his social security benefits.

3.  The applicant provides in support of his application a copy of a letter
from the National Personnel Records Center dated 23 August 2006, furnishing
him a copy of his Report of Transfer or Discharge (DD Form 214).

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.  On 2 November 1964, the applicant enlisted in the United States Army
Reserve (USAR) in Providence, Rhode Island, for 6 years in the pay grade of

E-1.  He was ordered to active duty for training (ACDUTRA) with an
effective date of 21 January 1965.  He went on to successfully complete his
training and he was awarded a supply specialist military occupational
specialty (MOS).

3.  He was released from active duty on 9 July 1965 and he was transferred
to the USAR to complete his Reserve obligation.





4.  The applicant's records show that while he was a member of the USAR, he
was ordered to ACDUTRA on the following dates: 30 July 1966 for 15 days;
17 June 67 for 15 days; 3 August 1968 for 15 days; 2 August 1969 for 15
days; and 1 August 1970 for 15 days.

5.  The applicant was honorably discharged from the USAR on 1 November 1970
at the expiration of his term of service.  He had completed 6 years of
service as a member of the USAR and he was on ACDUTRA for approximately 8
months and 3 days during his 6-year tour of duty.

6.  A review of the available records fails to show that the applicant had
any service prior to his enlistment in the USAR on 2 November 1964.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he enlisted in the USAR on 2 November
1964 and he has provided no documentation to dispute this information.

2.  His contentions have been noted.  However, there is no evidence in the
available record, nor has the applicant submitted any evidence to show that
he enlisted in the USAR on 21 January 1963.  His enlistment contract and
every document contained in his Official Military Personnel File pertaining
to his entry date shows that he enlisted in the USAR on 2 November 1964.
In the absence of evidence to the contrary, it must be presumed that the
entry date reflected in his official record is correct.

3.  In order to justify correction of a military record the applicant must
show 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.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TAP___  __ENA__  __PMS__  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.




                                  ____Thomas A. Pagan___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005963                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTERS         |
|2.  3                   |100.0200/CHANGE DATE                    |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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