IN THE CASE OF:	  

		BOARD DATE:	  April 14, 2009

		DOCKET NUMBER:  AR20080019660 


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 24 (Statement of Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct amount of active service completed.

2.  The applicant states that item 24 on his DD Form 214 is incorrect. 

3.  The applicant provides his DD Forms 214, dated 25 May 1965, 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 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 records show he enlisted in the Regular Army for a period of 3 years on 25 May 1964.  He completed basic combat training at Fort Leonard Wood, MO, on 31 July 1964, and proceeded to Fort Benjamin Harrison, IN, on 14 August 1964 for advanced individual training.

3.  On 13 October 1964, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) during the period on or about 1 October through
4 October 1964.  His punishment consisted of a forfeiture of $20.00 pay, 10 days of extra duty, and 10 days of restriction.

4.  On 29 December 1964, the applicant pled guilty at a Special Court Martial to one specification of being AWOL during the period 2 November though 
29 November 1964.  The Court sentenced him to reduction to private (PV1)/E-1 and confinement at hard labor for 3 months (suspended for 3 months).  The sentence was adjudged and approved on 29 December 1964.

5.  On 5 January 1965, the applicant departed his unit in an AWOL status.  He returned to his unit on 15 January 1965.  However, he again departed his unit in an AWOL status on 17 January 1965 and returned to his unit on 18 January 1965.

6.  On 27 January 1965, the applicant's suspended sentence to confinement at hard labor for 3 months was vacated and the unexecuted portion of the applicant’s sentence was ordered executed.  

7.  On 11 February 1965, the applicant pled guilty at a Special Court-Martial to two specifications of being AWOL during the periods 5 January 1965 through
16 January 1965 and 17 January through 18 January 1965.  The applicant was sentenced to reduction to PVT/E-1, confinement at hard labor for 6 months, and a forfeiture of $50.00 pay per month for 6 months.  The sentence was adjudged and approved on 11 February 1965.

8.  On 22 April 1965, the applicant’s immediate commander initiated elimination action against the applicant by reason of unfitness.  

9.  On 6 May 1965, the separation authority approved the applicant’s elimination from the service and directed he be furnished a General Discharge Certificate.  Accordingly, the applicant was discharged on 25 May 1965.  The DD Form 214 he was issued shows he was discharged with a character of service of under honorable conditions (General).  Items 24a(1) (Net Service This Period) and 24b 
(Total Active Service) show the entry “0  6  11” indicating he completed a total of 
6 months and 11 days of creditable active military service.  Item 32 (Remarks) of this form shows the applicant had 170 days of lost time under Title 10, U.S. Code (UCS), section 972.  

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation, in effect at the time, contains item-by-item instructions for completing the DD Form 214.  A break-down of item 24 for enlisted personnel is as follows:

	a.  item 24a(1) shows the total service completed between the dates shown in item 16 (Date Inducted) or 19c (Date of Entry) and item 11d (Effective Date) of the DD Form 214, less time lost under Title 10, USC, section 972, and time lost subsequent to normal expiration of term of service;

	b.  item 24a(2) shows all prior service excluding any service shown in item 24a(1), and includes any period served in the U.S. Army Reserve (USAR) or the Army National Guard of the United States (ARNGUS) as a reservist not on active duty during current enlistment; 

	c.  item 24a(3) shows the total of items 24a(1) and 24a(2); 

	d.  item 24b shows the total active service the individual has completed beginning with the earliest period of active service up to an including current period of active duty, less any period served in the USAR or ARNGUS not on active duty, and less time lost under Title 10, U.S. Code, section 972.  Additionally, an explanation of lost time should be entered in item 32; 

	e.  item 32 is used to complete entries too long for their respective blocks.  For enlisted personnel, if an individual has lost any time prior to normal expiration of term of service (ETS) as indicated in section 6 of the DA Form 24 (Service Record), an entry is made here to show the total number of days lost with inclusive dates (for example 4 days lost under 10 USC 972 from 10 November 19xx through 13 November 19xx).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his total active service is incorrectly shown on his DD Form 214.  

2.  The evidence of record shows the applicant enlisted in the Regular Army on 25 May 1964 and was discharged on 25 May 1965.  He would have been credited with 1 year and 1 day of active service had he not lost a total of 170 days due to being AWOL and/or confinement.  Lost time that is not made good is deducted from a member’s period of service.  Accordingly, the applicant’s total period of service was adjusted by subtracting his lost time.  Therefore, the entry on the applicant’s DD Form 214 is correct and requires no further correction.

3.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

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)                                         AR20080019660



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019660



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1