RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070004401


      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. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Blakely               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 to Item 26a (Non Pay
Periods Time Lost) on his DD Form 214 (Armed Forces of The United States
Report of Transfer or Discharge).

2.  The applicant states, in effect, that item 26a is in error it reads (5
Feb 71
– 5 Feb 70); it should read 5 Feb 70 – 5 Feb 70.   He adds that his file
should include the Article 15 from 5 February 1970, for being absent
without leave (AWOL) for 1 day.  He was docked 1 days’ pay.  He needs this
correction to retire from the Postal Service under the civil service
retirement.

3.  The applicant provides copies of his DD Form 214 in support of his
application.

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’s record shows he enlisted in the Regular Army and
entered active duty on 5 September 1969.  He was trained in, awarded and
served in military occupational specialty (MOS) 11C (Infantryman Indirect
Fire Crewmember), and the highest rank he attained while serving on active
duty was pay grade E-4.

3.  On 7 February 1970, the applicant accepted non judicial punishment
(NJP) for being AWOL from 5 February to 6 February 1970.  His imposed
punishment was a forfeiture of $29.00 pay.

4.  The applicant’s Enlisted Qualification Record (DA Form 20), shows in
item 44 (Time Lost) 5 Feb 70 – 5 Feb 70.

5.  On 20 February 1970, the applicant accepted NJP for sleeping while on
guard duty.  His imposed punishment was a forfeiture of $22.00 pay.

6.  On 3 September 1971, the applicant was honorably separated at the
expiration of his term of service (ETS).  The separation document (DD Form
214) he was issued at the time confirms he completed a total of 1 year, 11
months and 28 days of creditable active military service.  Item 26a, on his
DD Form 214 shows time lost 5 Feb 71 – 5 Feb 70.

7.  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.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

8.  Chapter 2 of the separation documents regulation contains item-by-item
instructions for the preparation of the DD Form 214.  The instructions for
Item 26a (Non-Pay Periods Time Lost) states that Lost time is not
creditable service for pay, retirement, or veteran's benefits.  However,
the Army preserves a record (even after time is made up) to explain which
service between date of entry on active duty and separation date is
creditable service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that the period of AWOL listed on his DD
Form 214 is in error was carefully considered and found to have merit.

2.  The evidence of record shows that the applicant accepted NJP for being
AWOL for 1 day, 5 February 1970 – 5 February 1970.  The applicant’s
Enlisted Qualification record also supports the applicant’s claim that he
was AWOL for
1 day, 5 February 1970 - 5 February 1970.

3.  The evidence of record confirms the applicant’s claim that his DD Form
214 is incorrect regarding his period of AWOL and his total days of AWOL.

4.  In view of the foregoing, it would be appropriate and in the interest
of justice and equity, to correct the applicant’s record by deleting the
AWOL period shown in item 26a on his DD Form 214 and changing item 26a of
his DD Form 214 to read 5 February 1970 – 5 February 1970.

5.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

___WB__  ___WDP_  ___DLL__  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
deleting the AWOL period 5 February 1971 – 5 February 1970 in item 26a on
his DD Form 214 and entering in item 26a of his DD Form 214, 5 February
1970
 – 5 February 1970.




                                   _ _William Blakely___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/16                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT )                                 |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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