RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         30 March 2006
      DOCKET NUMBER:  AR20050012604


      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:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 date entered in Item 15
(date Entered Active Duty This Period) of his 3 December 1974 separation
document (DD Form 214) be corrected.

2.  The applicant states, in effect, that the date entered in Item 15 of
his
3 December 1974 DD Form 214 is incorrect and should read 10 March 1967,
which is the date he initially entered active duty.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that  occurred on 3 December 1974.  The application submitted in this case
is dated 17 August 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 record shows that he was initially inducted into the
Army and entered active duty on 10 March 1967.  He was trained in, awarded
and served in military occupational specialty (MOS) 11B (Infantryman).

4.  An Enlistment Contract-Armed Forces of the United States (DD Form 4) on
file confirms that on 19 December 1968, the applicant was honorably
discharged for the purpose of immediate reenlistment in the Regular Army.

5.  On 20 December 1968, the applicant reenlisted for four years, which he
subsequently extended to six years.

6.  On 3 December 1974, the applicant was honorably discharged after
completing a total of 7 years, 8 months and 24 days of active military
service.  Item 15 of the DD Form 214 issued to him at this time contains
the date
20 December 1968, which is the date of his reenlistment.  Item 18b (Total
Prior Service) contains the entry 1 year, 9 months, and 10 days, which
accounts for his service between 10 March 1967 and 19 December 1968, and
Item 18c (Total Active Service) contains the entry 7 years, 9 months, and
24 days, which accounts for all his active duty service between 10 march
1967 and 3 December 1974.  The applicant authenticated this document with
his signature in Item 29 (Signature of Person Being Separated).

7.  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 instructions in effect at the time of the applicant's discharge
stipulated that date of entry on that particular period of active duty
service would be entered in Item 15.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that Item 15 of his 3 December 1974 DD Form 214
is incorrect was carefully considered.  However, there is insufficient
evidence to support this claim.

2.  The evidence of record confirms the applicant initially entered active
duty on 10 March 1967; however; it also confirms that he was honorably
discharged for the purpose of immediate reenlistment on 19 December 1968,
and that he reenlisted and entered active duty on the period of service in
question on
20 December 1968, as is accurately entered in Item 15 of his separation
document.

3.  Further, the 1 year, 9 months, and 10 days of active duty service the
applicant completed between 10 March 1967 and 19 December 1968 is accounted
for in Item 18b (Prior Active Service) of his 3 December 1974 DD Form 214.
In addition, Item 18c (Total Active Service) accurately reflects that he
completed a total of 7 years 8 months and 24 days of active military
service, which accounts for all his active duty service from 10 March 1967
through 3 December 1974, and the applicant authenticated the DD Form 214
with his signature on the date of his separation.  In effect, his signature
was his verification that the information contained on the DD Form 214, to
include the Item 15 and Item 18 entries, was correct at the time the
document was prepared and issued.

4.  The policy in effect at the time of the applicant's 20 December 1968
reenlistment was to issue a DD Form 214 upon each discharge for immediate
reenlistment.  Therefore, even though there is no separation document on
file for the period of the applicant's active duty service ending on 19
December 1968, it must be presumed, absent evidence to the contrary, that a
DD Form 214 was issued to the applicant for this period of active duty
service upon his discharge on 20 December 1968.

5.  Absent any evidence that the applicant has or will suffer an injustice
as a result of the date entered in Item 15 of his 3 December 1974
separation document, and given all his active duty service is accurately
accounted for on this separation document, there is an insufficient
evidentiary basis to support amendment of his DD Form 214 at this late
date.

6.  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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 December 1974, the date of his
separation from active duty.  Therefore, the time for him to file a request
for correction of any error or injustice expired on 2 December 1977.  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

___JTM _  __CAK __  ___RCH_  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.




                                  ____John T. Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012604                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1974/12/03                              |
|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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