IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090004894
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 24a(1) (Net Service This Period), 24a(3) (Total), and 24b (Total Active Service) of his DD Form 214 (Report of Transfer or Discharge) be corrected.
2. The applicant states, in effect, that he served more than 1 year of service, not 5 months and 9 days.
3. The applicant provides his Armed Forces of the United States identification card and 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 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 was inducted into the Army of the United States on 1 September 1965 and he trained as a pioneer. On 17 August 1966, he was discharged with an undesirable discharge under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Undesirable Habits and Traits of Character) for unfitness.
3. Item 11d (Effective Date) of the applicants DD Form 214 shows he was discharged on 17 August 1966. Item 16 (Date Inducted) of his DD Form 214 shows he was inducted on 1 September 1965. Items 24a(1), 24a(3), and 24(b) of his DD Form 214 show he completed 5 months and 9 days. Item 32 (Remarks) of his DD Form 214 shows the entry, "188 days lost under Title 10, U.S. Code, section 972; from 7 Feb 66 thru 29 Mar 66; from 2 Apr 66 thru 2 Apr 66; from 4 Apr 66 thru 17 Aug 66."
4. Item 44 (Time Lost Under Section 972, Title 10, U.S. Code, and Subsequent to Normal Date ETS [Expiration Term of Service]) of the applicants DA Form 20 (Enlisted Qualification Record) shows he had 188 days of lost time during the periods 7 February 1966 to 29 March 1966 (51 days), 2 April 1966 to 2 April 1966 (1 day), and 4 April 1966 to 17 August 1966 (136 days).
5. Army Regulation 635-5 (Separation Documents) 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 24a(1).
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant's total service extended from 1 September 1965 to 17 August 1966 for a period of 11 months and 17 days. However, he was AWOL for 188 days, which equates to 6 months and 8 days. Therefore, his 6 months of lost time was subtracted from his total service in accordance with the governing regulation. As a result, items 24a(1), 24a(3) and 24b of his DD Form 214 correctly show he completed 5 months and 9 days of creditable service of his 2-year active duty obligation. Therefore, there is no basis for granting the applicants request.
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) AR20090004894
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ABCMR Record of Proceedings (cont) AR20090004894
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