RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 August 2007
      DOCKET NUMBER:  AR20070004729


      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. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show that the days
lost in block 29 (Dates of Time Lost During This Period) are incorrect.

2.  The applicant states, in effect, the lost days in block 18 (Remarks) of
his DD Form 214 do not equal 97 days.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DD
Form 215 (Correction of DD form 214, Certificate of Release or Discharge
From Active Duty) in support of this 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 is requesting correction of an alleged error or injustice
that occurred on 12 May 1967.  The applicant submitted in this case is
dated
19 March 2007.

3.  The applicant's DD Form 214, as corrected by DD Form 215, dated 5
January 1989 shows that he enlisted in the Regular Army on 9 November 1966.
 He was not awarded a military occupational specialty (MOS) and remained
classified as a 09B (Trainee).  The highest grade held was Private (E-1).

4.  On 12 May 1967, the applicant was honorably discharged from active duty
under the provisions of Army Regulation 635-200, paragraph 5-33f(2),
Trainee Discharge Program.  The DD Form 214 he was issued at the time
confirms he had completed a total of 2 months and 27 days of active
military service.

5.  Block 29 of the applicant’s DD Form 214 lists 24-24 November 1966 (1
day), 27-29 November 1966 (3 days), and concluding in block 18 of the
applicant’s DD Form 214: 30 November 1966 to 15 December 1966 (16 days), 12
February 1967 to 16 March 1967 (33 days), 9-11 March 1967 (3 days), 19 to
25 March 1967 (7 days), and 26 to 28 April 1967 (3 days) as a total of 97
days lost under title 10 USC 972.

6.  Army Regular 635-5 (Personnel Separation-Separation Documents) Chapter
2 of the separation documents regulation provides preparation instructions
for the DD Form 214.  The instructions stipulate that for the entry in
block 12c (Net Active Service This Period), enter the amount of service
this period, computed by subtracting blocks 12a from 12b.  Lost time under
10 USC 972 and non-creditable time after ETS, if any, are deducted.  Such
time will be identified in block 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the number of days he lost under 10 USC 972
is computed incorrectly on his DD Form 214.

2.  A review of the applicant’s record shows that block 29 of the
applicant’s
DD Form 214 incorrectly shows the total number of days lost as 97.
Evidence shows that the applicant lost 66 days under Title 10 USC 972.
Therefore,
block 29 of the applicant’s DD Form 214 should be corrected to show 66
days.  In view of the foregoing, block 12c should be corrected to show that
the applicant completed 3 months and 29 days of active service.

BOARD VOTE:

___PMS_  ___REB_  ___RCH _  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:



      a.  deleting 97 days lost under Title 10 USC 972 in block 29 of his DD
Form 214;


      b.  adding 66 days lost under Title 10 USC 972 in block 29 of his DD
Form 214; and

      c.  correcting block 12c of his DD Form 214 to read 3 months and
29 days.




                                ___Paul M. Smith______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004729                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/28                              |
|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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