IN THE CASE OF:	  

		BOARD DATE:	    15 May 2012

		DOCKET NUMBER:  AR20110021827 


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 service shown on his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge).

2.  The applicant states block 22 (Statement of Service) of his DD Form 214 shows he completed 7 months and 6 days of service.  He adds that the amount of service entered is inaccurate based on the date he entered active duty and his separation date.

3.  The applicant provides a copy of his DD Form 214 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.  The applicant enlisted in the Regular Army on 10 October 1968 for a period of 2 years.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 44 (Time Lost Under Section 972, Title 10, United States Code (10 USC 972) and Subsequent to Normal Date of Expiration of Term of Service):

* 2 days AWOL (absent without leave) from 25 thru 26 November 1968
* 44 days AWOL from 6 January thru 13 February 1969
* 42 days in confinement from 14 February thru 1 April 1969
* 80 days AWOL from 21 April thru 9 July 1969
* 132 days in confinement from 10 July thru 18 November 1969
* 29 days AWOL from 5 January thru 2 February 1970
* 14 days DFR (dropped from the rolls) from 3 thru 16 February 1970

4.  A DD Form 214 shows the applicant entered active duty this period on
10 October 1968 and he was discharged under other than honorable conditions on 23 April 1970 in accordance with Army Regulation 635-212 (Personnel Separations - Unfitness).  It shows in:

	a.  item 22, block a (Creditable for Basic Pay Purposes), line 1 (Net Service This Period) and line 3 (Total); and in block b (Total Active Service):  "0 years, 7 months, and 6 days"; and

	b.  item 30 (Remarks) shows 343 days lost under 10 USC 972 from:

* 25 thru 26 November 1968
* 6 January thru 1 April 1969
* 21 April thru 18 November 1969
* 5 January thru 16 February 1970

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

	b.  Item 22 provides detailed instructions for computing creditable service for basic pay.  It states, in pertinent part, enter the total 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 (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant entered active duty on 10 October 1968 and he was discharged on 23 April 1970.  Thus, his DD Form 214 accurately reflects his entry and separation dates.

   a.  A calculation of the period of time from 10 October 1968 through 23 April 1970 shows that it equates to 1 year, 6 months, and 14 days.

	1970  04  23  date of discharge
         - 1968  10  10  date of entry on active duty
         =    01  06  13
         +                  1  day inclusive
         =    01  06  14  total period of time during this period of service

	b.  A conversion of this period of time to days shows:

		365  (1 year)
		180  (6 months or 30 x 6 = 180)
	    + 14  (14 days)
		559  total days

	c.  The applicant had a total of 343 days of time lost.  A calculation of his total creditable service shows:

		559	total period of service
	   - 343	total time lost
		216 	total creditable service (in days)

		216 days/30 days (represents 1 month) = 7 months and 6 days

2.  The regulatory guidance governing preparation of the DD Form 214 is clear in that it will show the current period of active duty, less time lost.  The evidence of record shows the applicant's DD Form 214 correctly shows his creditable military service of 7 months and 6 days.
3.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20110021827



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ABCMR Record of Proceedings (cont)                                         AR20110021827



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