RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            FEBRUARY 12, 2004                  
	DOCKET NUMBER:   AR2003090639

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Robert J. Osborn		Member	
	Mr. Lester Echols		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 12d of his report of separation (DD Form 214) be corrected to show that he had 11 years, 11 months and 28 days of total active service.

2.  The applicant states, in effect, that his DD Form 214 dated 30 April 1995, incorrectly reflects that he had 18 years, 3 months and 10 days of prior active service, which makes it appear that he has 24 years of active service and affects his Reduction - in - Force (RIF) status when considering his disability from the Department of Veterans Affairs (VA).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 30 April 1995.  The application submitted in this case is dated 8 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 in the Regular Army on 22 July 1969 and served until he was honorably released from active duty (REFRAD) on 21 July 1971.  He had served 2 years of total active service and was transferred to the United States Army Reserve (USAR).

4.  On 8 February 1977, he again enlisted in the Regular Army and served until he was honorably discharged on 26 September 1986.  He had served 9 years, 7 months and 19 days of active service during that period.  He enlisted in the USAR on 17 October 1986 and was ordered to active duty for training from 29 August 1988 to 7 December 1988 (3 months and 9 days of active duty). 

5.  The applicant again enlisted in the Regular Army on 19 January 1989 and served until he was honorably released from active duty on 30 April 1995 and was placed on the Retired List effective 1 May 1995, under the provisions of Army Regulation 635-200, chapter 12 and the Voluntary Early Retirement Program.  He had served 18 years, 2 months and 10 days of total active service.

6.  At the time of his REFRAD on 30 April 1995, his DD Form 214 was prepared to reflect that he had served 6 years, 3 months and 12 days of active service during his current enlistment and that he had served 18 years, 3 months and 10 days of prior active service.

7.  A recomputation of the applicant's service shows that he did in fact serve 6 years, 3 months and 12 days of active service during his last enlistment ending on 30 April 1995 and that he actually served 11 years, 10 months and 28 days of prior active service for a total of 18 years, 2 months and 10 days of total active service. 

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's REFRAD on 30 April 1995, his DD Form 214 was incorrectly prepared to reflect that the applicant had 18 years, 3 months and 10 days of prior active service.

2.  A recomputation of the applicant's service shows that at the time of his REFRAD, he had 11 years, 10 months and 28 days of prior active service for a total of 18 years, 2 months and 10 days of active service.

3.  Accordingly, it would be in the interest of justice to correct his records at time to show in item 12d of his DD Form 214 dated 30 April 1995, that he had 11 years, 10 months and 28 days of prior active service instead of the 18 years, 3 months and 10 days currently reflected on that document.

BOARD VOTE:

Jl    _____  rjo  _____  le ______  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 showing in item 12d of the DD Form 214 dated 30 April 1995, that the applicant had 11 years, 10 months and 28 days of prior active service in lieu of the 18 years, 3 month and 10 days currently reflected on that document. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his records to show he had 11 years, 11 months and 28 days of prior active service.

		____Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090639	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040212	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.110.0000	189/corr 214	
2.		
3.		
4.		
5.		
6.