RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 November 2003
	DOCKET NUMBER:   AR2003090095

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an ending date of 17 September 1984, to show he entered active duty on 17 November 1971 and to show his correct total active service.

2.  The applicant states that he needs the correct total active service years shown on his DD Form 214.

3.  The applicant provides a copy of his DA Form 2139 (Military Pay Voucher) for the period 1 through 17 July 1984; his Enlisted Evaluation Report for the period March 1978 through August 1978; his DD Form 214 with an ending date of 28 March 1979; a letter from the Governor's Representative Atlantic Area, Panama Canal Company, dated 23 July 1975; a letter from a commanding general officer of the 3d Armored Division in Europe, dated 8 August 1973; his Certificate of Training for completion of the Medical Contact Aidman Course during the period 13 to 17 September 1976; and his DD Form 214 with an ending date of 17 July 1984.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 17 July 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 was inducted into the Army on 17 November 1971.  He completed the required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was discharged for the purpose of immediate reenlistment on 16 September 1973.  His personnel records contain a DD Form 214 that covers this period of active duty service.

4.  The applicant reenlisted on 17 September 1973 and continued to serve on active duty until being discharged for the purpose of immediate reenlistment on 28 March 1979.  The evidence of record shows he was issued a DD Form 214 that covers this period of active duty service.

5.  The applicant reenlisted on 29 March 1979.  He continued to serve on active duty until being honorably discharged on 17 July 1984.

6.  The applicant's DD Form 214 with an ending date of 17 July 1984 shows he entered active duty on 29 March 1979 and completed a total of 5 years, 3 months, and 19 days of total active duty service during the period covered by the report and a total of 7 years, 4 months, and 12 days prior active service.

7.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  It also states that effective 1 October 1979, DD Form 214s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted in the Army on 17 November 1971 and that he continuously served on active duty through reenlistments until being honorably discharged on 17 July 1984.

2.  The applicant was issued a DD Form 214 with an ending date of 17 July 1984 which shows he entered active duty on 29 March 1979 and completed 5 years, 3 months, and 19 days of total active duty service and a total of 7 years, 4 months, and 12 days prior active service.

3.  By regulation, a DD Form 214 should cover the entire period of active duty for which a previous DD Form 214 was not issued.  The evidence of record confirms the applicant was issued two DD Forms 214 for his prior active duty service between 17 November 1971 and 28 March 1979 and was properly issued a DD Form 214 for the period ending 17 July 1984 which shows he entered active duty on 29 March 1979.

4.  Records show the applicant should have discovered the error or injustice now under consideration on 17 July 1984; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 July 1987.  However, the applicant did not 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 file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

JNS_______  MDM_____  BJE_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not 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.  

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2003090095	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031118	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.