BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100025266 


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 correction of the net active service that is shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he entered active duty on 19 September 1983 and he was separated on 26 March 1986, which is more than 2 years and 6 months of active service; however, his DD Form 214 only shows 1 year, 11 months, and
25 days.  He adds that he needs his net active service corrected so that he may receive medical benefits.

3.  The applicant provides no documentary evidence 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.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 15 September 1983 in the Delayed Entry Program (DEP). He was discharged from the USAR (DEP) on 18 September 1983 and enlisted in the Regular Army (RA) for a period of 4 years on 19 September 1983.  He had completed 4 days in the USAR (DEP).

3.  The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), on 21 January 1986, for being absent without leave (AWOL) from 29 May 1985 until 12 December 1985.  His punishment was reduction to private (E-1), forfeiture of $319.00 pay per month for 2 months ($219.00 pay per month for 2 months suspended), and 45 days of extra duty.  The applicant did not appeal the NJP.

4.  The applicant's DD Form 214 shows he was discharged under honorable conditions (general) under the provision of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 (Misconduct), paragraph 14-12b, based on a pattern of misconduct.  It shows in:

a. item 12 (Record of Service):

* block a (Date Entered Active Duty This Period) - "83  09 19"
(i.e., 19 September 1983)
* block b (Separation Date This Period) - "86  03  26" (i.e., 26 March 1986)
* block c (Net Active Service This Period) - "1 year, 11 months, 25 days"
* block d (Total Prior Active Service) - "0 years, 0 months, and 0 days"
* block e (Total Prior Inactive Service) - "0 years, 0 months, 04 days"

	b.  Item 29 (Dates of Time Lost During This Period) shows "850529-850611; 850612-851211" (i.e., from 29 May through 11 June 1985 and from 12 June through 11 December 1985).

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), 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 also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

   b.  The instructions for block 12 state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It shows for:

       (1)  block a - enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued;

       (2)  block b - enter the separation date this period;

       (3)  block c - enter the amount of service this period (subtract 12a from 12b)  (Lost time under Title 10, United States Code, section 972, and non-creditable time after expiration term of service, if any, will be deducted.);

       (4)  block d - enter the total amount of prior active military service less lost time, if any.  If there was no prior active service, enter "00  00  00."; and

       (5)  block e - enter the total amount of prior inactive service, less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he completed 2 years, 6 months, and 8 days of net active service.

2.  Records show the applicant:

* served in the USAR from 15 September through 18 September 1983
* served in the RA from 19 September 1983 through 26 March 1986
* had time lost from 29 May through 11 December 1985

3.  A calculation for the above periods that are under review in this case shows:

1983  09  18  date discharged (USAR)
   - 1983  09  15  date of enlistment (USAR)
   =    00  00  03
   +                  1  day inclusive
   =    00  00  04  time in USAR-DEP (Total Prior Inactive Service)



1986  03  26  date discharged (RA)
   - 1983  09  19  date of enlistment (RA)
   =    02  06  07
   +                  1  day inclusive
   =    02  06  08  time in RA (Net Active Service)


1985  12  11  ending date of AWOL
   - 1985  05  29  beginning date of AWOL
   =    00  06  12
   +                  1  day inclusive
   =    00  06  13  time lost (To Be Subtracted from Net Active Service)


 02  06  08  period of active service
   -  00  06  13  less time lost
  =  01  11  25  actual active service (Net Active Service This Period)

4.  The Army regulatory guidance for calculating the entry in item 12, block c, is clear that lost time and non-creditable service will be subtracted.  The evidence of record shows that the applicant's net active service was correctly calculated and is properly recorded in item 12, block c of his DD Form 214.  Therefore, there is no basis for granting the applicant's requested 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)                                         AR20100025266



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ABCMR Record of Proceedings (cont)                                         AR20100025266



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