RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 January 2004                  
	DOCKET NUMBER:   AR2003089887

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Karen Y. Fletcher		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 that item 9d (Effective Date) on his DD Form 214 (Report of Separation from Active Duty) for the period ending 10 August 1978 be corrected to show 10 September 1978. 

2.  The applicant states that he was discharged on 10 September 1978 and not on 10 August 1978. 

3.  The applicant provides a copy of his DD Form 214 for the period ending 
10 August 1978 and his Honorable Discharge Certificate.   

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
13 December 1984.  The application submitted in this case is dated 9 April 2003.  
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 enlisted on 30 November 1972 for a period of 3 years.  He served as a tactical wire operations specialist and was honorably discharged on 9 October 1975 for immediate reenlistment.  He reenlisted on 10 October 1975 for a period of 3 years.  He served as a tactical wire operations specialist and was honorably discharged on 10 September 1978 for immediate reenlistment.  

4.  Headquarters, 9th Infantry Division and Fort Lewis Orders 180-817, dated 
7 September 1978, show the applicant was discharged effective 10 September 1978.  The applicant provided a copy of his Honorable Discharge Certificate, dated 10 September 1978.  

5.  Item 9d on the applicant's DD Form 214 for the period ending 10 August 1978 shows the entry, "78 08 10."  

6.  The applicant reenlisted on 11 September 1978 for a period for 3 years.  His DD Form 4 (Enlistment or Reenlistment Agreement), dated 11 September 1978, shows it was an immediate reenlistment.  On 13 December 1984, the applicant was discharged under honorable conditions. 

DISCUSSION AND CONCLUSIONS:

Item 9d on the applicant's DD Form 214 for the period ending 10 August 1978 is incorrect.  Evidence of record shows the applicant was discharged effective 
10 September 1978.  

BOARD VOTE:

RVO____  WTM___  KYF_____  GRANT 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 amending item 9d on his DD Form 214 for the period ending 10 August 1978 to show the entry, "78 09 10."

		__Raymond V. O'Connor_
		        CHAIRPERSON

INDEX

CASE ID	AR2003089887	
SUFFIX		
RECON		
DATE BOARDED	20040129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.