RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 April 2007
      DOCKET NUMBER:  AR20060010315


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, correction of Item 29 (Dates of Time
Lost During This Period) of his separation document (DD Form 214).

2.  The applicant states, in effect, that his DD Form 214 reflects time
lost as
1 year and 6 days, instead of 6 days.  He adds that this single entry
precludes reenlistment.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 1 December 1991.  The application submitted in this case
is dated
18 July 2006.

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 applicant’s record shows that he initially enlisted in the Regular
Army and entered active duty on 5 October 1988.  He was trained in, awarded
and served in military occupational specialty (MOS) 63S (Heavy Wheel
Vehicle Mechanic).  The highest grade he attained was pay grade E-4.

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in
Section III, Item 21 (Time Lost), that the applicant was absent without
leave (AWOL) from 3 to 9 March 1989.  The DA Form 2-1 Section VII Item 35
also shows that the applicant was AWOL from 3 to 9 March 1989.  There is no
other AWOL time listed in his military record.  The applicant’s military
record shows continuous military service.

5.  On 31 October 1991, the applicant requested early separation under the
provisions of Army Regulation 635-200, paragraph 16-8 (Enlisted Voluntary
Early Transition Program).  He acknowledged that he understood that if the
request was approved he would not be able to withdraw his request except in
cases of unforeseen personal hardship.

6.  On 1 November 1991, the appropriate authority approved the applicant’s
request for an early separation.

7.  On 1 December 1991, the applicant was honorably release from active
duty under the provisions of Army Regulation 635-200, Paragraph 16-8
(Convenience of The Government: FY 92 Early Transition Program).  The
applicant’s DD Form 214, shows he completed a total of 3 years, 1 month and
20 days of active military service and accrued 368 days of time lost.

8.  Army Regulation 635-200 (Personnel Separations) provides the basic
authority for the separation of enlisted personnel.  Paragraph 16-8 of this
regulation sets forth the requirements for early separation of enlisted
personnel due to reduction in force, strength limitations, or budgetary
constraints.  The service of personnel separated under this paragraph will
be characterized as honorable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the date of entry contained in Item 29
of his DD Form 214 incorrectly reads (890303 - 900309) and should in fact
read
(890303 - 890309) was carefully considered and found to have merit.

2.  The applicant military record confirms 6 days of AWOL time from 3 to 9
March 1989.  There is no evidence in his military record that shows that he
was absent more than 6 days.

3.  Therefore, in view of the facts of this case, it would be appropriate
to amend Item 29 of the applicant’s DD Form 214 by deleting the current
entry (890303 - 900309) and replacing it with the entry (890303 - 890309).


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 December 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 November 1994.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:

___JI ___  ___SAP_  __QAS __  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 deleting current entry in item
29 (dates of time lost during this period) (890303-900309) and replace it
with the entry (890303-890309).




                            ______John Infante______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/03                              |
|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. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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