RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070001705 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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 item 26a (Non-Pay Periods Time Lost [Preceding Two years]), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which shows the entry "6APR71 – 24MAY71" (6 April 1971 to 24 May 1971), be deleted.  

2.  The applicant states, in effect, that item 26a, of his DD Form 214, should only show the entry "10SEP70 – 13MAR71" (10 September 1970 to 13 March 1971).  He states that item 22 (Statement of Service), of his DD Form 214, should include the time period of 6 April 1971 to 24 May 1971.  He was not absent without leave (AWOL) during the time period from 6 April 1971 to 24 May 1971.  He was in a duty status in Company A, PCF (Personnel Control Facility), HQ (Headquarters) Comd (Command), USATCI (United States Army Training Center Infantry), during that time.  This is an error on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214; two copies of his DA Form 2139 (Military Pay Voucher); and a DA Form 2496 (Disposition Form) from the Commander, Company A, HQ, PCF Command, Fort Dix, New Jersey, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 1 December 1972, the date of his release from active duty.  The application submitted in this case is dated 20 January 2007 but was received for processing on 1 February 2007.

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 he was inducted into the Army of the United States on 13 April 1970.  The applicant successfully completed basic combat training and advanced individual training at Fort Knox, Kentucky.  On completion 
of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 71H, Personnel Specialist.  He was promoted to pay grade E-4 on 21 July 1972.  
4.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS [expiration of term of service]), of the applicant's DA Form 20 (Enlisted Qualification Record), shows time lost from 10 September 1970 to 13 March 1971 (185 days) and from 6 April 1971 to 24 May 1971 (48 days). 

5.  Special Orders Number 76, Paragraph 99, published by Headquarters, USATCI, Infantry and Fort Dix, dated 17 March 1971, shows the applicant  returned to military control at the Armed Forces Police Detachment, New York, on 16 March 1971.  He was transported to Fort Dix on the same date.  These same orders show he was assigned to the US Army PCF, USATCI, as permanent party on the same date. 

6.  The applicant served until he was honorably released from active duty on 1 December 1972.  He had completed 1 year, 11 months, and 26 days of creditable service and had 233 days of lost time due to AWOL.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was discharged from the USAR on 1 April 1976.

7.  Item 22a(1) (Net Service This Period), of his DD Form 214, shows the entry  "1 11 26" (1 year, 11 months, and 26 days), item 22a(3) (Total [Line 1 plus Line 2]) shows the entry "1 11 26," and item 22b (Total Active Service) shows the entry "1 11 26."

8.  Item 26a, of the applicant's DD Form 214, shows the entry "10SEP70 – 13MAR71 (10 September 1970 to 13 March 1971) and the entry "6APR71 to 24MAY71" (6 April 1971 to 24 May 1971).

9.  The applicant provided a copy of his military pay vouchers for the months of April and May 1971 which shows no deductions for lost time.

10.  The applicant provided a copy of a Disposition Form from the Commander, Company A, PCF, HQ Command, USATCI, Fort Dix, New Jersey, dated 28 May 1971.  The commander verified that the applicant had been in a duty status in Company A, PCF, since 15 March 1971.  He stated that the 6 April 1971 AWOL date was run erroneously on Company A, PCF, status report, dated 2 May 1971. The applicant arrived at 1307 hours on 5 April 1971 and had been in a PFD (sick PDY [Present for Duty]) status to the present time.

11.  Army Regulation 600-200, in effect at that time, prescribed policy and procedures pertaining to the career management of Army enlisted personnel.  Chapter 9 provided for the preparation and maintenance of the Enlisted Qualification Record (DA Form 20).  Paragraph 9-57 pertained to item 44 (Time Lost Under Section 972, Title 10, United States Code, and subsequent to normal 
ETS).  It states, in effect, that the time lost will be entered when an individual is absent because of their inability to perform duty through disease or injury and as the result of their own misconduct.

12.  Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that item 22b (Total Active Service) will be completed to show the total service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less time lost.  Item 26a will be completed by entering the inclusive dates of non-pay periods/time lost during the preceding 2 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows that the applicant was AWOL from 10 September 1970 to 13 March 1971 (185 days) and from 6 April 1971 to 24 May 1971 (48 days) for a total of 233 days.  

2.  The applicant alleges that the entry "6APR71 – 24MAY71" (6 April 1971 to 24 May 1971) shown in item 26a, of his DD Form 214, should be deleted and should only show the entry "10SEP70 – 13MAR71" (10 September 1970 – 13 March 1971).  He also alleges that item 22 (Statement of Service), of his DD Form 214, should include the time period of 6 April 1971 to 24 May 1971 as creditable service.

3.  The Disposition Form prepared by the Commander, Company A, PCF, HQ Comd, USATCI, dated 28 May 1971, verified that the applicant had been in a PDY status since 15 March 1971 to the present time of 28 May 1971.  His military pay vouchers for the months of April and May 1971 do not show any deductions for lost time.  This evidence is sufficient to prove that he was not AWOL during the period 6 April 1971 to 24 May 1971.  Therefore, this evidence is sufficient to support the removal of the requested entry from item 26a, of his DD Form 214.

4.  By removing the entry "6APR71 – 24MAY71", which consisted of 48 days of AWOL, and including this time period in item 22, of his DD Form 214, which consist of 1 year, 11 months, and 26 days, his total net service now equates to  "2 years, 1 month, and 14 days.”  Therefore, he is entitled to correction of item 22a(1) (Net Service This Period), of his DD Form 214, to show the entry "2 1 14" (2 years, 1 months, and 14 days); item 22a(3) (Total [Line 1 plus Line 2]), to 

show the entry "2 1 14;" and item 22b (Total Active Service), to show the entry
"2 1 14."

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 December 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 November 1975.  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:

__JH____  __LDS___  __JP____  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:  

	a.  by removing the entry "6APR 71 – 24May71," in item 26a (Non-Pay Periods/Time Lost [Preceding Two Years], of his DD Form 214; 
	
b.  by showing the entry, "2 1 14," in item 22a(1) (Net Service This Period), of his DD Form 214; 

	c.  by showing the entry, "2 1 14," in item 22a(3) (Total [Line 1 plus Line 2]), of his DD Form 214; and

	d.  by showing the entry "2 1 14," in item 22b (Total Active Service), of his DD Form 214.



_____Linda D. Simmons_____
          CHAIRPERSON


INDEX

CASE ID
AR20070001705
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070726
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19721201
DISCHARGE AUTHORITY
AR 635-200, paragraph 2-2
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
128
2.

3.

4.

5.

6.