RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 Month 2006
      DOCKET NUMBER:  AR20050010167


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry W. Racster              |     |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 12a (Date Entered
Active Duty This Period) and Item 12b (Separation Date This Period) of his
12 May 1984 separation document (DD Form 214).

2.  The applicant states, in effect, that he entered the Army on 16 January
1976, and the date he separated from the Army was 17 May 1985.

3.  The applicant provides an International Certificates Vaccination (PHS-
731) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 17 May 1984.  The application submitted in this case is
dated 4 June 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 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 Military Personnel Records Jacket (MPRJ) contains an
Enlistment or Reenlistment Agreement-Armed Forces of the United States
(DD Form 4) that shows he initially enlisted in the Army and entered active
duty on 26 March 1976.

4.  On 17 May 1978, the applicant was honorably discharged for the purpose
of immediate reenlistment after completing 2 years, 1 month, and 22 days of
active military service.

5.  On 18 May 1978, the applicant reenlisted for six years and remained on
active duty.  His Personnel Qualification Record (DA Form 2-1) shows, in
Item 18 (Appointments and Reductions), that he was promoted to the rank of
specialist four (SP4) on 1 December 1979, and that he was reduced to
private (PV1)/E-1 for cause on 9 July 1981.  It also shows that he was
promoted back to private (PV2)/E-2 on 1 December 1981, to private first
class (PFC) on 11 March 1982, and to SP4 on 14 May 1984.

6.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows
his active duty assignment was at Hunter Army Airfield, Georgia, and it
ended when he was released from active duty (REFRAD) on 17 May 1984.

7.  On 17 May 1984, the applicant was honorably separated at the expiration
of his term of service (ETS).  The DD Form 214 he was issued shows, in Item
12a that he entered active duty on that particular period of active duty on
18 May 1978, and Item 12b shows he was separated from active duty and
transferred to the United States Army Reserve (USAR) on 17 May 1984.  It
further confirms that he completed 5 years, 11 months, and 26 days of
creditable active military service during the period covered by the DD Form
214, and that he accrued
4 days of time lost due to being absent without leave (AWOL).

8.  The applicant provides a PHS 731 that shows he received immunizations
in January 1985, subsequent to his separation from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that the entries in Item 12a and Item 12b of his
DD Form 214 are incorrect and should read 16 January 1976 and 17 May 1985,
respectively, and the supporting evidence he submitted were carefully
considered.  However, there is insufficient evidence to support this claim.


2.  The evidence of record confirms the applicant initially enlisted in the
RA and entered active duty on 26 March 1976, and that he was honorably
discharged for the purpose of immediate reenlistment on 17 May 1978.  It
further shows that he reenlisted and entered the period of service in
question on 18 May 1978, and that he served until being honorably REFRAD
and transferred to the USAR on
17 May 1984.  These dates are supported by the DD Form 4 and separation
orders on file in the applicant's MPRJ, and by an Item 35 DA Form 2-1
entry, as well as his DD Form 214.

3.  Although the PHS Form 731 the applicant submitted shows he received
immunizations subsequent to his REFRAD, he very well could have obtained
those inoculations while he was a member of the USAR, which would not have
impacted his active duty separation date.

4.  The evidence further shows that the applicant authenticated his DD Form
214 with his signature on 17 May 1984, the date of his REFRAD.  In effect,
his signature was his verification that the information contained on the
separation document, to include the Item 12a and Item 12b entries, was
correct at the time the DD Form 214 was prepared and issued.  As a result,
there is an insufficient evidentiary basis to change either of these items
at this late date.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 May 1984, the date of his REFRAD.
Therefore, the time for his to file a request for correction of any error
or injustice expired on 16 May 1987.  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

__KAN __  ___LCB _  __LWR__  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.




                                  _____Kathleen A. Newman   __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010167                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1984/05/17                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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