BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110001371
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 his records be corrected to remove any reference to 6 days lost under Title 10, United States Code (USC) 972 from 26 November 1969 to 1 December 1969 from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the 6 days lost time is incorrect. He explains that he was on leave and flew out of Washington, DC, but was stuck at the airport due to bad weather. He adds that he tried to sign in at Fort Lewis, WA upon his arrival, but there was no one to sign him in due to the Thanksgiving holidays. He offers that he stopped over in Hawaii in route to Vietnam and when he arrived in Vietnam, he was given an Article 15 for being absent without leave (AWOL). He maintains he was told that being stuck at the airport was not a good excuse and he should have crawled.
3. He provides the following:
* DD Form 214
* Purple Heart certificate
* General Orders Number 2625, dated 26 September 1970
* Special Orders Number 310, date 6 November 1970
* NGB Form 64 (Application for Training), undated
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's records show he enlisted in the Regular Army for 3 years on 26 April 1968. He served in Vietnam from 3 December 1969 to 10 November 1970. He was credited with 2 years, 6 months, and 10 days of active federal service at the time he was honorably transferred to the United States Army Reserve on 11 November 1970.
3. Item 30 (Remarks) of his DD Form 214 lists "6 days time lost under section 972 Title 10 USC from 26 November 1969 to 1 December 1969."
4. He provided an order and a certificate that show he was awarded the Bronze Star Medal and the Purple Heart during his service in Vietnam.
5. There is no entry in item 44 (Time lost Under Section 972, Title 10, USC and Subsequent to Normal Date Expiration Term of Service) of his DA Form 20, (Enlisted Qualification Record). There is also no copy of the Article 15 he received or any information contained in his records concerning the 6 days lost time.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Accordingly, local procedure will be established to insure the entries on the forms are verified through source documents for completeness and accuracy. The regulation requires the preparer to enter any lost time prior to ETS in item 30 as recorded on the applicants DA Form 20 and other records available.
DISCUSSION AND CONCLUSIONS:
The applicant argues that the 6 days of lost time listed on his DD Form 214 was incorrect and was based on him being stranded at an airport. However, he provides no evidence to substantiate his claim. Further, by his own admission, he received an Article 15 for being AWOL on his arrival in Vietnam. In view of the facts in this case, the presumption of regularity must be applied. Therefore, there is insufficient evidence to grant his 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) AR20110001371
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