IN THE CASE OF: BOARD DATE: 13 January 2009 DOCKET NUMBER: AR20080016828 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, in effect, that items 22a(1) (Net Service This Period) and 22a(3) (Total) on his DD Form 214 (Report of Transfer or Discharge) be corrected. 2. The applicant states, in effect, that his DD Form 214 shows he entered the service on 2 November 1967 and was discharged on 21 June 1972. However, item 22 on his DD Form 214 shows he only served 2 years, 7 months, and 21 days. 3. The applicant provides a copy of his DD Form 214. 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 applicant enlisted in the Regular Army on 2 November 1967 for a period of 3 years. He served as a light weapons infantryman in Vietnam from 12 April 1968 to 10 April 1969. 3. Records show the applicant went absent without leave (AWOL) from 2 June 1970 through 31 May 1972 (a total of 730 days). On 21 June 1972, he was discharged with an undesirable discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service. 4. Item 11d (Effective Date) on the applicant’s DD Form 214 shows he was discharged on 21 June 1972. Item 17c (Date of Entry) on his DD Form 214 shows he entered on 2 November 1967. Items 22a(1) and 22a(3) on his DD Form 214 shows he completed 2 years, 7 months, and 21 days. Item 26a (Non-Pay Periods Time Lost) on his DD Form 214 shows the entry, “2Jun70 -31May72.” 5. Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date ETS) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he had 730 days of lost time during the period 2 June 1970 through 31 May 1972. 6. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time, stated, in pertinent part, that lost time under Title 10, U.S. Code, section 972, and time lost subsequent to normal expiration of term of service will be subtracted from item 22a(1). DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant's total service extended from 2 November 1967 to 21 June 1972 for a period of 4 years, 7 months, and 21 days. However, he was AWOL for 730 days, which equates to 2 years. Therefore, his 2 years of lost time was subtracted from his total service in accordance with the governing regulation. As a result, item 22a(1), 22a(3), and 22b (Total Active Service) on his DD Form 214 correctly shows he completed 2 years, 7 months, and 21 days of creditable service of his 3-year enlistment. Therefore, there is no basis for granting the applicant’s requests. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ 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) AR20080016828 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080016828 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1