IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20070017072
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of item 32 (Remarks), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 2 days lost under section 10 USC (United States Code) 972 instead of 27 days.
2. The applicant states, in effect, that he was only 2 days late getting back to post.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 applicants 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 applicants 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 was inducted into the Army of the United States on 12 August 1960. He was trained as an Armor Crewman, in military occupational specialty (MOS), 131. He was promoted to PFC/E3 on 27 June 1961.
3. On 14 December 1961, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 26 October 1961 to 30 October 1961. His sentence consisted of a forfeiture of $50.00 per month for 2 months and a reduction to pay grade E-2.
4. On 23 July 1962, the applicant was convicted by a summary court-martial of being AWOL from 11 to 14 July 1962. His sentence consisted of 30 days restriction and a forfeiture of $25.00.
5. Section 6 (Time Lost), of his DA Form 24 (Service Record), shows he was AWOL from 26 through 29 October 1961 (4 days), confined from 30 October 1961 through 16 November 1961 (18 days), AWOL from 11 through 13 July (3 days), and from 5 through 6 June 1962 (2 days), which equated to 27 days of time lost. Item 32 (Remarks) of the applicants DD Form 214 list the same inclusive periods of lost time.
6. The applicant served until he was honorably released from active duty on 7 September 1962.
7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. It states that the dates of time lost during the current enlistment will be entered on the DD Form 214. For enlisted personnel, the inclusive periods of time lost to be made good under Title 10, U.S.C., section 972, and periods of non-inclusive time after ETS will be entered. Lost time under Title 10, U.S.C., section 972 is not creditable service for pay, retirement, or veterans benefits; however the Army preserves a record of it (even after it has been 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 contends, in effect, that he was only 2 days late getting back to post and that the entry in item 32 of his DD Form 214 should show only 2 days AWOL. He has provided no evidence, and there is none, to show that he was authorized valid leave from his post or to show that he was only 2 days late getting back to post.
2. The evidence of record shows that the applicant received a summary court-martial for 4 days AWOL, a special court-martial for 3 days AWOL, was confined for 18 days, and was AWOL for 2 days from 5 through 6 June 1962, for a total of 27 days of time lost under Section 10 USC 972.
3. In accordance with Army Regulation 635-5, the applicants inclusive dates of lost time due to AWOL/confinement are reflected in item 32 (Remarks) on his DD Form 214. Therefore, the applicants DD Form 214 is correct as currently constituted.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070017072
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ABCMR Record of Proceedings (cont) AR20070017072
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