| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Lana E. McGlynn | Member | |
| Mr. Larry C. Bergquist | Member |
2. The applicant requests, in effect, that his records be corrected to show his dates of time lost as "821221 to 821222" [21 December 1982 to 22 December 1982] instead of "831221 to 831222" [21 December 1983 to 22 December 1983]."
3. The applicant states, in effect, that his records incorrectly show that he was AWOL from 21 December 1983 through 22 December 1983 due to the errors indicated on his DA Form 2-1 (Personnel Qualification Record) and DD Form 1966/6 (Record Of Military Processing - Armed Forces Of The United States). He submitted a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 2627 (Record of Proceedings under Article 15, UCMJ), dated 20 January 1983, and one page of his DA Form 2-1 in support of his application.
4. The applicant’s military records show that he enlisted in the Regular Army on 17 June 1980 for a period of four years. He completed one station unit training at Fort Benning, Georgia and was awarded military occupational specialty 11B (infantryman). He served in Germany from 26 October 1980 through 14 October 1982 and was honorably released from active duty on 18 June 1984 in the rank of specialist four. The applicant subsequently served on active duty from 12 February 1985 through 8 February 1988. His personnel records contain two DD Forms 214.
5. Item 29 (Dates of Time Lost During This Period) on the applicant's DD Form 214, with a separation date of 18 June 1984, shows the entry: " 10 USC 972: 831221-831222."
6. Item 21 (Time Lost) on the applicant's DA Form 2-1 shows he was AWOL for 2 days from 21 December 1983 through 22 December 1983.
7. The applicant's DD Form 1966/6 for his period of enlistment on 12 February 1985, shows the entry: "AWOL 2 DAYS DEC 83 – GIVEN 14 DAYS EXTRA DUTY BY 1SGT OF COMPANY."
8. On 20 January 1983, the applicant was punished under Article 15, UCMJ, for being absent from his unit, Co B, 3rd Battalion, 47th Infantry, located at Fort Lewis, Washington, from 21 December 1983 to or about 23 December 1983. These proceedings show that a "pin and ink" correction was made to amend the year of the AWOL to show "1982" in lieu of "1983."
9. The DA Form 2627 shows that on 17 January 1983, the applicant elected not to demand trial by court-martial, requested a closed hearing in the Article 15 proceedings, and waived representation to speak in his behalf.
10. The DA Form 2627 shows that on 20 January 1983, the imposing commander decided that, beyond a reasonable doubt, that the applicant committed the offenses and imposed the punishment of reduction to the grade of E-3 (suspended for 120 days) until 20 May 1983; forfeiture of $164 (suspended for 120 days) until 20 May 1983; and extra duty for 14 days.
11. On 20 January 1983, the applicant indicated in his own hand on the DA Form 2627 that he did not appeal the punishment.
12. The applicant's personnel records contain a DA Form 4187 (Personnel Action) which changed the applicant's duty status from "PRESENT FOR DUTY" to "ABSENT WITHOUT LEAVE" effective 21 December 1983.
13. His personnel records also contain a DA Form 4187, which changed the applicant's duty status from "ABSENT WITHOUT LEAVE" to "PRESENT FOR DUTY" effective 23 December 1983.
14. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the dates of time lost during this period will be entered in item number 29 of the DD Form 214. Lost time under Title 10 U.S.C., section 972 is not creditable service for pay, retirement, or veteran's benefits; however, the Army preserves a record of time lost to explain which service between date of entry on active duty and separation date is creditable service for benefits.
CONCLUSIONS:
1. The Board considered the applicant's contentions that the dates of his AWOL occurred in 1982 instead of 1983.
2. The Board carefully reviewed the Article 15 imposed against the applicant on 20 January 1983.
3. The Board noted that a "pen and ink" correction was made to the DA Form 2627 changing the dates of the applicant's AWOL from 1983 to 1982.
4. Upon review of all the evidence, the Board has determined that an administrative error exists in this case and it would be appropriate to correct his DD Form 214, item 29, to show the dates of his time lost as "21 December 1982 to 22 December 1982."
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by amending his DD Form 214, item 29, to reflect time lost of the individual concerned to show the entry "821221 to 821222."
BOARD VOTE:
FNE_____ LEM____ LCB____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Fred N. Eichorn_______
CHAIRPERSON
| CASE ID | AR2002079531 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030506 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | Mr. Schneider |
| ISSUES 1. | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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