IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080001007
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, that item 29 (Dates of Time Lost During This Period) of his DD Form 214 (Certificate of Release or Discharge), be corrected.
2. The applicant states, in effect, that his time lost was between 19 August 1986 to 19 October 1986. He was discharged on 13 October 1987.
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 enlisted in the Regular Army on 22 July 1982. He was trained as an Armor Crewman, in military occupational specialty (MOS), 19E. He was promoted to SP4/E-4 effective 1 November 1983.
3. On 26 September 1985, he received a summarized Article 15, under the Uniform Code of Military Justice (UCMJ), for failing to go to his appointed place of duty. His punishment consisted of 14 days of extra duty.
4. On 17 July 1986, the applicant was punished under Article 15, of the UCMJ, for failing to go to his appointed place of duty. His punishment consisted of a reduction to pay grade E-3, a forfeiture of pay, and 14 days restriction and extra duty.
5. Item 21 (Time Lost), of his DA Form 2-1 (Personnel Qualification Record), shows that he was confined from 19 August 1986 to 19 October 1986 (62 days).
6. Item 27 (Remarks), of his DA Form 2-1, revealed that he was arrested on 19 August 1986, by civilian authorities in Leesville, Louisiana, while in a duty status for DWI (driving while intoxicate). He was convicted and was sentenced to 90 days in jail or a fine of $350.00.
7. On 15 May 1987, the applicant's commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.
8. On 11 June 1987, after consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.
9. On 12 July 1987, the separation authority approved the recommendation for the applicants discharge and directed that he be furnished a general discharge. He was discharged on 13 July 1987, in the pay grade of E-3. He had a total of 4 years, 9 months, and 20 days of creditable service and 62 days of time lost due to confinement.
10. Item 29, of the applicants DD Form 214, shows the entry "860819 871019."
11. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that item 29 (Dates of Time Lost During This Period) will be completed to show the inclusive periods of time lost, as well as time lost after normal expiration of term of service (ETS). Lost time is not creditable service for pay, retirement, or Veterans benefits.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was arrested on 19 August 1986 by civilian authorities in Leesville, Louisiana, while in a duty status for DWI. He was convicted and was sentenced to 90 days in jail or to pay a fine of $350.00 dollars. The evidence also shows his records were posted to show that he was confined from 19 August 1986 to 19 October 1986, which consisted of 62 days. However, item 29, of his DD Form 214 shows the entry "860819 871019" which equates to 1 years and 2 months of lost time. The evidence suggest that a typographical error occurred in view of the fact that the date it appears he was released from civilian confinement, 19 October 1987, was long after his release from active duty, 13 July 1987.
2. The applicant's time lost listed in item 21, of his DA Form 2-1, is not consistent with the dates of lost time entered in item 29, of his DD Form 214. A review of his records clearly shows that he was confined by civilian authorities from 19 August 1986 to 19 October 1986, which equated to 62 days. Therefore, the Board recommends that item 29, of the applicant's DD Form 214, be corrected to show the entry "860819 861019."
BOARD VOTE:
___x____ ____x___ ___x____ 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
showing the entry "860819 861019" in item 29 (Dates of Time Lost During This Period), of his DD Form 214.
_ ____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) AR20080001007
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080001007
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110001778
On 5 August 1987, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of paragraph 14-12c of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) due to misconduct for commission of a serious offense with an under honorable conditions (general) discharge. The commander cited the applicant's two DWI offenses. The applicant waived consideration of his case by an administrative separation board...
ARMY | BCMR | CY2005 | 20050017141C070206
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of item 12a (Date entered AD This Period), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 1987, to show the entry "1986 01 17" (17 January 1986). The applicant states, in effect, that his records reflect that he entered active duty (AD) on 23 June 1987; however, he...
ARMY | BCMR | CY2005 | 20050016174C070206
In accordance with Title 10, United States Code, Section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records is not empowered to change a discharge due to matters which should have been raised in the appellate process, rather it is only empowered to change the severity of the sentence imposed in the court-martial process if clemency is determined to be appropriate. There is no evidence that the applicant applied to the Army Discharge Review...
ARMY | BCMR | CY1990-1993 | 9207280
The applicant’s commander submitted a recommendation for the applicant’s separation under chapter 14, Army Regulation 635-200. The applicant’s commander testified that an Army Regulation 15-6 was done because of rumors of the applicant’s involvement with another woman, but there was no proof of misconduct; that the applicant was command directed to “D&A (drug and alcohol)” on 29 May 1987; that the applicant told him on 8 May 1987 that he had already been scheduled for an appointment; that...
ARMY | BCMR | CY2004 | 20040000721C070208
f. Military medical documents, dated between September 1986 and 6 January 1988, which show he complained of chronic pain in the right foot. On 9 December 1986, the applicant was evaluated for drug dependency. The available evidence does not show the applicant ever petitioned the Court of Military Appeals for grant of review.
ARMY | BCMR | CY2009 | AR20090000899
The applicant requests a 23 November 2005 General Officer Memorandum of Reprimand (GOMOR) be transferred from the performance portion of his Official Military Personnel File (OMPF) to his restricted file. The e-mail referenced by the applicant in his response to the GOMOR was included as part of the documents filed with the November 2005 GOMOR in the applicants OMPF. A reprimand may be filed in a Soldier's OMPF only upon the order of a general officer level authority and are to be filed...
ARMY | BCMR | CY2011 | 20110013670
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was absent without leave (AWOL) from 19 October to 9 December 1982 instead of 23 December 1986 to 12 February 1987. Based on the governing regulation, the Army preserves a record of time lost to explain which service between the date of entry on active duty and the separation date is creditable service for benefits. The evidence of record shows he was in an excess leave...
ARMY | BCMR | CY2010 | 20100008104
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 12c (Net Active Service This Period) be corrected to show 2 years and 4 days of service vice 1 year, 11 months, and 27 days. The DD Form 214 he was issued, item 12c, shows 1 year, 11 months, and 27 days. The applicant served from 29 January 1986 to 2 February 1988, this service equals 2 years, and 3 days plus 1 day (Inclusive) which equals 2 years and 4 days.
ARMY | BCMR | CY1997 | 9705305
Ms.Joann H. LangstonChairpersonMr.George D. PaxsonMemberMr.James M. AlwardMember Also present, without vote, were:Mr.Loren G. HarrellDirectorMr.Jospeh A. AdrianceAnalyst The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show:On 28 March 1986 the applicant extended his period of service for 29 months while at Fort Eustis, Virginia. However, the evidence of record does...
ARMY | BCMR | CY1997 | 9705305C070209
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. EVIDENCE OF RECORD: The...