IN THE CASE OF:	  

		BOARD DATE:	        30 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007363 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that Item 17c (Date of Entry) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show "10 January 1968" and Item 22a (Net Service This Period) be changed to "3 years, 8 months, and 7 days."

2.  The applicant states, in effect, that there are typing and math errors on his DD Form 214 that need to be corrected to qualify for Department of Veterans Affairs (DVA) benefits. 

3.  The applicant provides a copy of his DD Form 214 and a copy of his DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The evidence of record shows the applicant served in the Regular Army from 10 January 1969 through 17 August 1971.

3.  A review of the applicant's DD Form 4 (Enlistment Contract – Armed Forces of the U.S.) shows he enlisted on 10 January 1969.  There is no evidence that he enlisted prior to that date or that he had any prior service.  Item 49 (Prior Service) of his DD Form 4 states "NONE."

4.  A review of the applicant's official record shows that he had multiple periods of absence without leave (AWOL), totaling 402 days.  

5.  Army Regulation 635-5 (Separation Documents), in effect at the time,  prescribed policies and procedures regarding separation documents (DD Forms 214 and 215).  Item 17(c) shows the date of entry into service.  Item 22a shows the net period of service covered in the DD Form 214.  Lost time under 10 U.S. Code, Section 972 is deducted. 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant enlisted prior to 10 January 1969 as shown on his DD Form 214.  The applicant has not provided any evidence in support of his contention that he enlisted on 10 January 1968.  Therefore, there is no basis upon which to change the date of his entry into active service.

2.  The applicant had 402 days of lost time due to multiple periods of AWOL.  By regulation, lost time under 10 U.S. Code, Section 972 is deducted from the active duty time served.  Therefore, when the 402 days of lost time is deducted from the time he served on active duty, he is accurately credited with 1 year, 6 months, and 2 days of active Federal service as currently shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007363



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ABCMR Record of Proceedings (cont)                                         AR20080007363



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