IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110003181 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of discharge and total active service.

2.  The applicant states his discharge date was 21 July 1971 vice 28 July 1971.  He further states he had 98 days of service vice 22 days as reflected on his
DD Form 214.  He further states on 9 January 1971, he was transported by a detective to Fort McPherson, GA, where he worked for 3 weeks wrapping meat while on active duty.  The applicant further states on 28 April 1971, he was the duty Soldier at Fort Gordon for 4 months while in the stockade prior to his discharge on 21 July 1971; therefore, he had more than 98 days active service.

3.  The applicant provides a self-authored statement.

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 was inducted into the Army of the United States on 19 May 1970 for a period of 2 years.

3.  He received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 8 June 1970 for being absent without leave (AWOL) for the period 31 May 1970 to 4 June 1970.

4.  The applicant’s record contains DA Form 20B (Insert Sheet to DA Form 20 (Enlisted Qualification Record), Record of Court-Martial Conviction) which shows he was AWOL during the period:

* 11 June 1970 to 7 January 1971
* 12 January 1971 to 27 April 1971

5.  Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date ETS) of the applicant’s DA Form 20 shows he was in a confinement status on 28 April 1971.

6.  Special Orders Number 208, issued by Headquarters, U.S. Army School/
Training Center, Fort Gordon, GA, dated 28 July 1971, shows he was reassigned to the U.S. Army Transfer Point, Fort Gordon with a reporting date of 28 July 1971 for separation processing.

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he was discharged on 28 July 1971.

8.  The applicant was discharged under the provisions of Army Regulation
635-212 (Personnel Separations-Discharge-Unfitness and Unsuitability) by reason of unsuitability, character and behavorial disorders.  The DD Form 214 he was issued at the time shows in:

	a.  Item 11d (Effective Date (of separation)) the entry 28 July 1971;

	b.  Item 22a(1) (Net Service This Period) the entry "0  0  22";

	c.  Item 22a(3) (Total) the entry "0  0  22"

	d.  Item 22b (Total Active Service) the entry "0  0  22"

	e.  Item 26a (Non-Pay Periods Time Lost (Preceding Two Years)) the entry "413 days lost under Title 10, U.S. Code, Section 972 from 31 May 1970 thru
3 June 1970; 11 June 1970 thru 8 January 1971; and 12 January 1971 thru
27 July 1971"; and

	f.  Item 32 (Signature of Person Being Transferred or Discharged) the applicant authenticated this document with his signature.

9.  The evidence of record shows the applicant performed creditable time from  19 May 1970 through 30 May 1970; 4 June 1970 through 10 June 1970; and
9 January 1971 through 11 January 1971, for periods of 12, 7, and 3 days respectively.  

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  This regulation specified that the
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  

11.  Army Regulation 635-5, 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.  Section III contains preparation instructions for the DD Form 214.  It states for:

* Item 11d, enter the date separation is accomplished
* Item 22a(1), enter the total service completed between date inducted and separation date of the DD Form 214, less time lost under Title 10, U.S. Code, section 972
* Item 22a(2), enter all prior service excluding any service shown in Item 22a(1)
* Item 22a(3), enter the total of line 22a(1) plus line 22a(2)
* Item 22b, enter the total active service the individual has completed beginning with the earliest period of active service up to and including the current period of active duty, less time lost under Title 10, U.S. Code, section 972

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his discharge date and total active service time is incorrect on his DD Form 214 was carefully considered and found to be without merit.
2.  The evidence of record confirms the applicant entered active duty on 19 May 1970 and he received a general discharge on 28 July 1971 with multiple periods of time lost due to being AWOL and in confinement.

3.  The evidence of record further shows the applicant only performed creditable active service from 19 May 1970 through 30 May 1970; 4 June 1970 through
10 June 1970; and 9 January 1971 through 11 January 1971, for a total of
22 days, which is correctly shown on his DD Form 214.

4.  In view of the foregoing, 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)                                         AR20110003181



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ABCMR Record of Proceedings (cont)                                         AR20110003181



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