IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120011163
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 record by removing 1 day of lost time under Title 10, U.S. Code, section 972 (10 USC 972).
2. The applicant states the day of lost time was the result of a cancellation of a commercial flight due to hazardous weather.
3. The applicant provides no additional evidence.
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 record shows the applicant enlisted in the Regular Army on 7 October 1968. He was trained in and awarded military occupational specialty 72B (Communication Center Specialist).
3. Item 44 (Time Lost under Section 972, Title 10, U.S. Code and Subsequent to Normal Date Expiration of Term of Service (ETS)) of the applicant's DA Form 20 (Enlisted Qualification Record) contains an entry showing the applicant was absent without leave (AWOL) for 1 day on 16 December 1970.
4. The record is void of any indication that the applicant attempted to resolve the 1 day of time lost due to AWOL at the time it occurred or at any time prior to his release from active duty (REFRAD).
5. On 26 August 1971, the applicant was honorably REFRAD in the rank/grade of specialist four/E-4 after completing 2 years, 10 months, and 19 days of creditable active military service. Item 30 (Remarks) of his DD Form 214 contains the entry: "1 DAY LOST UNDER SEC 972 TITLE 10 USC
16-16 DEC 70."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents issued to members upon REFRAD, discharge, or retirement. It also establishes policy for preparation and distribution of the DD Form 214. The version of the regulation in effect at the time of the applicant's discharge stated that any time lost prior to normal ETS would be entered in item 30 of the DD Form 214. Example: "4 DAYS LOST UNDER 10 USC 972 FROM 10 NOV 58 THRU 12 NOV 58."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to remove the 1 day of time lost from his record and DD Form 214 resulting from the cancellation of a commercial flight due to hazardous weather has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant was charged with 1 day of AWOL on 16 December 1970. There is no evidence indicating he attempted to resolve this issue through his chain of command at the time it occurred by requesting an extension of leave or pass, or at any time in the more than 8 months he continued to serve on active duty subsequent to the AWOL.
3. In view of the foregoing and absent any evidence of error or injustice, there is an insufficient evidentiary basis to support granting the 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 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) AR20120011163
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ABCMR Record of Proceedings (cont) AR20120011163
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