RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 March 2006
      DOCKET NUMBER:  AR20050006538


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Jeffrey P.  Parsons           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 the separation date shown on
his DD Form 214, Certificate of Release or Discharge from Active Duty, be
corrected.

2.  The applicant states, in effect, that the separation date should be 25
May 1991 and not 25 May 1990 as currently shown.  There seems to have been
a clerical error and this error is preventing him from getting a civil
service job.

3.  The applicant submitted a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 25 May 1991, the date he was released from active duty.  The
application submitted in this case is dated 18 April 2005.

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 limitation 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 he enlisted in the US Army Reserve (USAR)
Delayed Enlistment/Entry Program, for 8 years, on 5 September 1985.  He
enlisted in the Regular Army for 4 years and entered active duty on 27
November 1985.

4.  The applicant was honorably released from active duty on 22 November
1989, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service, in the rank and pay grade of Specialist
Four, E-4, with 3 years, 11 months, and 27 days active military service.
The applicant's DD Form 214 incorrectly show 3 years, 11 months, and 26
days net active service.

5.  On his release from active duty, the applicant was transferred to
Headquarters and Headquarters Company, 1st Battalion, 17th Infantry,
Freeport, New York.
6.  On 23 November 1989, the applicant enlisted in the New York Army
National Guard (NYARNG).  He was discharged from the NYARNG on 1 December
1989 and was transferred to the USAR Control Group (Annual Training).  On
the date of his discharge and transfer to the USAR, the applicant had
completed 9 days net inactive service.

7.  On 6 December 1990, the applicant was ordered to active duty in support
of Operation Desert Shield/Desert Storm in compliance with Permanent Orders
149-6, Headquarters, First US Army and Fort George G. Meade, Maryland,
dated 3 December 1990, and in accordance with Title 10, United States Code
673B.

8.  The applicant was assigned to the 300th Medical Detachment (Dental
Services), Forces Command, Fort Drum, New York.

9.  The applicant was honorably released from active duty in the rank and
pay grade of Specialist Four, E-4, under the provisions of AR 635-200,
Chapter 4, at the expiration of his term of service, on 25 May 1991.

10.  The DD Form 214 the applicant was provided on his release from
active duty has incomplete information insofar as his service is
concerned as follows:

      a.  Item 12b. (Separation Date This Period), of the applicant's DD
Form 214, shows the applicant was released from active duty on 25 May
1990; however, it is apparent this date is incorrect since the applicant
entered this period of service on 6 December 1990.

      b.  Item 12c. (Net Active Service This Period), of the applicant's
DD Form 214, shows he completed 00 year, 00 months, and 00 days active
service.  The applicant served 5 months and 20 days active duty service
this period.

      c.  Item 12d. (Total Prior Active Service) and Item 12e (Total Prior
Inactive Service), of the applicant's DD Form 214, shows the entry, "See
Block 18."  Item 18 (Remarks), of the applicant's DD Form 214, states, in
pertinent part, "DD Form 215 [Correction to DD Form 214] will be issued
to provide missing information//DD Form 214 issued on 900525."  The
applicant served 3 years, 11 months and 27 days in the Regular Army prior
to his release from active duty.  The applicant also served 2 months and
22 days in the USAR, Delayed Enlistment/Entry Program, prior to his entry
on active duty in the Regular Army and 1 year and 13 days in the Reserve
after he was released from active duty in the Regular Army and before he
was
ordered to active duty in support of Operation Desert Shield/Desert
Storm, for a total of 1 year, 3 months, and 5 days inactive service.
There is no evidence that a DD Form 215 was issued to provide the missing
service data.

      d.  So much of the data recorded in Item 18, of the applicant's DD
Form 214, "DD Form 214 issued on 900525" is incorrect.  The evidence shows
the applicant entered active duty on 6 December 1990 and the date of his
release can not be a date before his entry date.

11.  Army Regulation 635-5 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 establishes standardized
policy for preparing and distributing the DD Form 214 (Certificate of
Release or Discharge from Active Duty). Table 2-1 (DD Form 2-1
Preparation Instructions) of Interim Change No. 1, dated 2 October 1989,
gives item by item instructions for the calculation and entry of date for
all items related to Item 12 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence show the applicant enlisted and served in the US Army
Reserve Delayed Entry / Enlistment Program for the period 5 September 1985
through 26 November 1985.

2.  The evidence shows the applicant enlisted in the Regular Army for 4
years, and entered active duty on 27 November 1985.  He was released from
active duty on 22 November 1989.

3.  The DD Form 214 he was provided on his release from active duty on
22 November 1989 shows the incorrect amount of net active service.  The
DD Form 214 shows he completed 3 years, 11 months, and 26 days whereas
the correct amount is 3 years, 11 months, and 27 days, net active
service.

4.  The applicant enlisted in and served in the NYARNG, although not on
active duty, for 9 days.  He was discharged from the NYARNG and was
transferred to the USAR Control Group (Annual Training).

5.  On 6 December 1990, the applicant was ordered to active duty in support
of Operation Desert Shield/Desert Storm.  He was released from active duty
on 25 May 1991.  Item 12 (Record of Service), of the applicant's DD Form
214 was either incomplete or a DD Form 215 was to be issued to furnish the
missing data.
BOARD VOTE:

__JPP __  __EM____  __JI____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by correcting:

      a.  Item 12c (Net Active Service This Period), of the DD Form 214
provided the applicant on 22 November 1989, to show he completed 3 years,
11 months, and 27 days net active service during his enlistment in the
Regular Army;

      b.  Item 12b (Separation Date This Period), of the applicant's DD Form
214, with a corrected effective date of 25 May 1991, to show he was
released from active duty on 25 May 1991;

      c.  Item 12c (Net Active Service This Period), of the applicant's DD
Form 214, with a corrected effective date of 25 May 1991, to shows he
completed 5 months and 20 days active duty service this period;

      d.  Item 12d (Total Prior Active Service), of the applicant's DD Form
214, with a corrected effective date of 25 May 1991, to shows he completed
3 years,11 months and 27 days total prior active duty service;

      e.  Item 12e (Total Prior Inactive Service), of the applicant's
DD Form 214, with a corrected effective date of 25 May 1991, to shows he
had 1 year, 3 months and 5 days prior inactive service; and
      f.  correcting the entry in Item 18, of the applicant's DD Form 214,
with a corrected effective date of 25 May 1991, that states, "DD Form 214
issued on 900525" to read, "DD Form 214 issued on 910525."




                            ______John Infante______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050006538                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060323                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.   190                |110.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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