RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20050017325


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |Member               |

      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, that the entries at item 12 (Record
of Service) on his 6 January 1984 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be completed.

2.  The applicant states that the DD Form 214 does not reflect his period
of active duty from 28 March 1980 through 11 February 1983.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 January 1984, the date of his discharge.  The
application submitted in this case is dated 20 July 2005.

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 limitations 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 records show the applicant enlisted in the United States (US) Army
Reserve (USAR) on 31 August 1978.

4.  He entered active duty for training on 9 November 1978, completed
training, and was transferred back to the USAR on 25 February 1979.

5.  The DD Form 214 issued at that time shows he had 3 months and 17 days
of active service with 2 months and 9 days of prior inactive service.

6.  The applicant served in a USAR Troop Program Unit from 26 February 1979
until called to active duty, in accordance with Presidential Order Number
32-11, on 28 March 1980 (1 year, 1 month, and 1 day).  The records show he
was called to active duty from his Reserve unit’s home of record, Fort
Meade, Maryland.

7.  On 12 June 1981 the applicant received nonjudicial punishment (NJP)
under Article 15, Uniform Code of Military Justice for being absent without
leave (AWOL) for the period 21 – 26 May 1981 (6 days).

8.  The applicant was AWOL for the period 19 – 21 June 1981 (3 days) and
2 July 1981 through 29 January 1983 (577 days).

9.  On 2 February 1983, after consulting with counsel and being advised of
his rights and options, the applicant submitted a formal request, under the
provisions of Army Regulation 635-200, chapter 10, for discharge for the
good of the service (in lieu of trial by court-martial for an offense
punishable by a bad conduct or dishonorable discharge).  He acknowledged
that if the request was accepted that he could receive a discharge under
other than honorable conditions and be furnished an Undesirable Discharge
(UD) Certificate.  He acknowledged that such a discharge would deprive him
of many or all of his benefits as a veteran, and that he could expect to
experience substantial prejudice in civilian life if he received a UD.

10.  The applicant was placed on excess leave pending approval of his
request for discharge on 11 February 1983.

11.  After receiving permission to separate the applicant without access to
his 201 file, the discharge authority accepted the request for discharge
and directed that the applicant be reduced to the lowest enlisted grade and
receive an Undesirable Discharge Certificate.

12.  The applicant was discharged on 6 January 1984 under the provisions of
Army Regulation 635-200, chapter 10.

13.  The DD Form 214 issued 6 January 1984 is incomplete as follows:

      a.  item 6 (Place of Entry onto Active Duty) – states “See Item 18”;


      b.  item 11 (Primary Specialty Number, Title and Years and Months in
Specialty) – lists his specialty and number but adds “See Item 18”;


      c.  item 12 (Record of Service) – contains sub-items 12a through 12i,
only sub-item 12b (Separation Date), 12h (Effective Date of Pay Grad) and
12i (Reserve Obligation Termination Date) are completed – the others state
“See Item 18”


14.  Item 18 (Remarks) states that the applicant had 330 days of excess
leave, that he was separated on temporary records and that a DD Form 215
(Correction to the DD Form 214) will be issued to provide missing
information.  There is no indication that a DD Form 215 was ever prepared.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army and
establishes standardized policy for preparing and distributing the DD Form
214.  Paragraph 2-4h(12) (RECORD OF SERVICE) states that extreme care
should be taken in completing this block since post-service benefits, final
pay, retirement credit, and so forth are based on this information.  It
states the following at subparagraph:

        (a) Date Entered Active Duty (AD) This Period, enter the beginning
date of the continuous period of AD for issuance of this DD Form 214, for
which a DD Form 214 was not previously issued.


        (b) Separation Date This Period, the Soldier's transition date.
This date may not be the contractual date if Soldier is separated early,
voluntarily extends, or is extended for make up of lost time, or retained
on active duty for the convenience of the Government.


        (c) Net Active Service This Period, amount of service this period,
computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and
non-creditable time after ETS (expiration of term of service), if any, are
deducted. Such time will be identified in block 18.


        (d) Total Prior Active Service, from previously issued DD Forms 214
enter the total amount of prior active military service less lost time, if
any.  If not applicable, enter "00 00 00."


        (e) Total Prior Inactive Service, from previously issued DD Forms
214 and/or ERB/ORB (enlisted record brief/officer record brief), enter the
total amount of prior inactive service, less lost time, if any.


        (f) Foreign Service, from the ERB/ORB enter the total amount of
foreign service completed during the period covered in block 12c.


        (g) Sea Service, enter the total amount of sea service completed
during the period covered in block 12c.  Verification is orders format 332
(AR 600-8-105) stating sea duty is required and proof that the Soldier
actually served on that duty.
        (h) Effective Date of Pay Grade, from the most recent promotion
order (or reduction instrument), enter the effective date of promotion to
the current pay grade.

DISCUSSION AND CONCLUSIONS:

1.  It appears that since the applicant was separated on temporary records
the necessary information to complete his DD Form 214 was not available at
that time and the DD Form 214 properly reflects this fact.  However, a DD
Form 215 was required to be completed to provide the missing information,
this was not done.

2.  The record shows the applicant entered active duty from his Reserve
unit home of record Fort Meade, Maryland and that he served in the his
primary specialty for 2 years and 4 months.  These entries should be
corrected on the 6 January 1984 DD Form 214.

3.  The applicant’s second period of service covered the period from 28
March 1980 through 6 January 1984, a total of 1380 days.  To obtain the
amount of creditable service for entry at item 12c the number of days of
lost time (586) and the number of days of excess leave (330) after ETS are
subtracted and then remaining days are converted to years, months, and days
(1380 – 586 =794, 794 – 330 = 464 or 1 year, 3 months, and 9 days of
creditable service.

4.  It is therefore, appropriate to correct the DD Form 214 to show the
following entries at:

      a.  item 6 – “Fort Meade, Maryland”;

      b.  item 11 – “2 years and 4 months”;

      c.  item 12a – 80 03 28; item 12c – 01 03 09; item 12d – 00 03 17;
item 12e – 00 00 00; item 12f – 00 00 00; item 12g – 00 00 00;

      d.  item 18 – 586 days of lost time; and

      e.  item 29 – 810521 – 810526, 810619 – 810621, and 810702 – 830129.


BOARD VOTE:

__JEA___  __DED__  __JRH__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 on the DD Form 214 at:

      a.  item 6 – “Fort Meade, Maryland”;

      b.  item 11 – “2 years and 4 months”;

      c.  item 12a – 80 03 28; item 12c – 01 03 09; item 12d – 00 03 17;
item 12e – 00 00 00; item 12f – 00 00 00; item 12g – 00 00 00;

      d.  item 18 – 586 days of lost time; and

      e.  item 29 – 810521 – 810526, 810619 – 810621, and 810702 – 830129.




                            _     James E. Anderholm______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017325                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |113                                     |
|3.                      |123                                     |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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