IN THE CASE OF:	  

		BOARD DATE:	       11 AUGUST 2009

		DOCKET NUMBER:  AR20090002678 


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 his period of lost time be removed from his official record and that his record be corrected to show that he competed Armor Training.  

2.  The applicant states, in effect, that item 21 (Time Lost) on his DD Form 214 (Report of Separation from Active Duty) which shows 100 days of lost time should be removed from his record because his expiration of term of service (ETS) date was extended until 25 May 1980 [sic].  He also states that he completed armor training; therefore, his secondary military occupational specialty (MOS) at ETS was 11E (Tank Expert).  

3.  The applicant provides a copy of his DD Form 214 in support of his 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 enlisted in the Regular Army on 15 February 1974.  Section III of his Statement of Enlistment shows that he enlisted for 3 years of active duty service thereby establishing his ETS date as 14 Februaty 1977.  Item 21 of his DA Form 2-1 shows the applicant was AWOL from 4 August 1974 to 
11 November 1974 for a period of 100 days.

3.  Item 6 (Military Occupational Specialties) of the applicant's DA Form 2-1 shows that 11E was awarded as his secondary MOS on 17 January 1975.
Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 does not show that he attended Armor Training to receive this MOS.

4.  On 25 May 1977 (not 25 May 1980 as the applicant stated), he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military selective service obligation.  Item 18a and c of his DD Form 214 shows he completed 3 years of active military service.  Item 27 (Remarks) of his DD Form 214 shows the entry 100 days lost under Title 10, United States Code, Section 972; from "4 Aug 74 to 11 Nov 74".  

5.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that the dates of time lost during the current enlistment will be entered on the DD Form 214.  Lost time under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veteran’s benefits; however, the Army preserves a record of time lost to explain which service between date of entry on active duty and separation date is creditable service for benefits.

6.  Army Regulation 635-5, in pertinent part, states that formal in-service training courses successfully completed during the period of service shown in item 27 (Remarks) of the DD Form 214, should be annotated because this information assists with employment placement and job counseling.  

7.  Title 10, U.S. Code, section 972(a)(2) and section 972(a)(3), states that an enlisted member of an armed force who, (1) is absent from his organization, station, or duty for more than 1 day without proper authority, as determined by 

competent authority; or (2) is confined by military or civilian authorities for more than 1 day in connection with a trial, whether before, during, or after the trial is liable after his return to full duty to serve for a period that, when added to the period that he served before his absence from duty, amounts to the term for which he was enlisted or inducted.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant enlisted in the Regular Army on 15 February 1974.  Evidence of record shows that his original ETS was 14 May 1977.  Evidence of record shows that the applicant was AWOL from 4 August to 11 November 1974 for 100 days.  Therefore, the applicant's ETS date was extended until 25 May 1977 (not 25 May 1980, as the applicant stated) and when added to the time he served prior to his AWOL amounts to the term for which he was enlisted.  

2.  In accordance with the applicable statute, AWOL is lost time.  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 separation date is creditable service for benefits.  The applicant's inclusive dates of lost time due to AWOL is properly reflected on his DD Form 214 which explains why his ETS was extended until 25 May 1977.  Therefore, there is no basis for deleting his period of lost time.

3.  Evidence of record shows that the applicant was awarded 11E as his MOS but it does not show if he completed any formal in-service training courses for award of this MOS.  Therefore, there is no basis to add this MOS training to his record.  

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)                                         AR20090002678



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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