IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080016828
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 items 22a(1) (Net Service This Period) and 22a(3) (Total) on his DD Form 214 (Report of Transfer or Discharge) be corrected.
2. The applicant states, in effect, that his DD Form 214 shows he entered the service on 2 November 1967 and was discharged on 21 June 1972. However, item 22 on his DD Form 214 shows he only served 2 years, 7 months, and
21 days.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 2 November 1967 for a period of 3 years. He served as a light weapons infantryman in Vietnam from 12 April 1968 to 10 April 1969.
3. Records show the applicant went absent without leave (AWOL) from 2 June 1970 through 31 May 1972 (a total of 730 days). On 21 June 1972, he was discharged with an undesirable discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.
4. Item 11d (Effective Date) on the applicants DD Form 214 shows he was discharged on 21 June 1972. Item 17c (Date of Entry) on his DD Form 214 shows he entered on 2 November 1967. Items 22a(1) and 22a(3) on his
DD Form 214 shows he completed 2 years, 7 months, and 21 days. Item 26a (Non-Pay Periods Time Lost) on his DD Form 214 shows the entry, 2Jun70 -31May72.
5. Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date ETS) on the applicants DA Form 20 (Enlisted Qualification Record) shows he had 730 days of lost time during the period 2 June 1970 through
31 May 1972.
6. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time, stated, in pertinent part, that lost time under Title 10, U.S. Code, section 972, and time lost subsequent to normal expiration of term of service will be subtracted from item 22a(1).
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant's total service extended from
2 November 1967 to 21 June 1972 for a period of 4 years, 7 months, and
21 days. However, he was AWOL for 730 days, which equates to 2 years. Therefore, his 2 years of lost time was subtracted from his total service in accordance with the governing regulation. As a result, item 22a(1), 22a(3), and 22b (Total Active Service) on his DD Form 214 correctly shows he completed
2 years, 7 months, and 21 days of creditable service of his 3-year enlistment. Therefore, there is no basis for granting the applicants requests.
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.
__________xxx____________
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) AR20080016828
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080016828
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090018701
The applicant requests upgrade of his general under honorable conditions discharge to an honorable discharge. Accordingly, the applicant was discharged on 3 October 1967 with a general discharge under the provisions of Army Regulation 635-212 for unsuitability due to character and behavior disorder. Evidence of record shows the applicant's total service extended from 1 March 1966 to 3 October 1967 for a period of 1 year, 7 months, and 2 days.
ARMY | BCMR | CY2010 | 20100029546
BOARD DATE: 28 June 2011 DOCKET NUMBER: AR20100029546 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show service credit for all of the time he spent on active duty. Item 22b (Total Active Service) - "0 years, 2 months, and 11 days" c. Item 26a (Non-Pay Periods Time Lost) the entries: * 14 May 1969 - 20 May 1969 * 26 May 1969 - 27 June 1969 * 30 July 1969...
ARMY | BCMR | CY2010 | 20100022164
The applicant requests, in effect, correction of item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active service on 27 November 1964 instead of 27 November 1965. His DD Form 214 shows in: * item 11d (Effective Date) the entry 26 November 1967 * item 16 the entry 26 November 1971 * item 17c the entry 27 November 1965 6. Based on the correction to the applicant's date of entry, his net service during the period...
ARMY | BCMR | CY2010 | 20100028921
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. He was discharged on 5 October 1973 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. _____________X____________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2008 | 20080013047
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add all his medals and that his service dates be corrected at the same time. However, based on his service in Vietnam he is entitled to correction of Item 30 to show his inclusive period of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Items...
ARMY | BCMR | CY2011 | 20110003181
Army Regulation 635-5, in effect at the time, 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 states for: * Item 11d, enter the date separation is accomplished * Item 22a(1), enter the total service completed between date inducted and separation date of the DD Form 214, less time lost under Title 10, U.S. Code, section 972 * Item 22a(2), enter all prior service excluding any...
ARMY | BCMR | CY2010 | 20100025368
Application for correction of military records (with supporting documents provided, if any). He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * he had less than 345 days of lost time * he held the rank/pay grade of private (PV2)/E-2 at the time of separation * he had 3 years of creditable active duty service * award of the Army Good Conduct Medal 2. The applicant contends that his undesirable discharge under other...
ARMY | BCMR | CY2009 | 20090014132
The applicant states, in effect, that item 22 of his DD Form 214 does not show his dates of creditable service. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 6 July 1964 for 3 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 22c of the applicant's DD Form 214 a credit of 7 months and 10 days and providing him a corrected separation document as a result of...
ARMY | BCMR | CY2009 | 20090012882
The applicant requests, in effect, that his record be corrected to show his service in the Republic of Vietnam and that he served more than 2 months and 1 day of creditable active duty service. Item 22a(1) shows he completed a total of 2 months and 1 day of creditable active federal service during his period of enlistment. This regulation also provided that creditable active duty service would be determined by subtracting time lost from 2the separating Soldier's total period of service for...
ARMY | BCMR | CY2009 | 20090021977
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant enlisted in the Regular Army on 10 January 1967, which is properly reflected on his DD Form 214 for the period ending 19 November 1967. Since the applicant was discharged from the USAR on 1 January 1973, almost 1 year after his release from active duty, there is no basis for amending item 11d of...