BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130013544
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 (Report of Separation from Active Duty) by showing in Item 21 (Time Lost) that he was absent without leave (AWOL) for only a couple of days vice almost 2 years.
2. The applicant states this is obviously a typographical error. He was not even in the U.S. Army on 20 January 1971, which is one of the dates shown as his being AWOL. He is trying to retire from a Federal technical job and this information will be used when calculating his retirement.
3. The applicant provides a copy of his DD Form 214.
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. Records show the applicant entered the Regular Army on 18 October 1971.
3. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he was AWOL 13 to 20 January 1973, a period of 8 days.
4. A DA Form 3072 (Request for Waiver of Disqualification for Enlistment/ Reenlistment dated 13 March 1974, indicates that the applicant's commander recommended him for a waiver of his lost time due to AWOL based on his subsequent excellent conduct. The document indicates his period of AWOL was for 8 days from 13 to 20 January 1973. On 20 March 1974, this request was approved by the appropriate authority.
5. On 26 March 1974, the applicant was discharged for the purpose of immediate reenlistment. His DD Form 214, as provided by the applicant, shows he had time lost from 13 January 1973 to 20 January 1971.
6. On 27 March 1974, the applicant reenlisted in the Regular Army. He remained on active duty until his honorable discharge on 20 October 1977.
7. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that time lost during the preceding 2 years would be recorded on the form.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 for the period ending on
26 March 1974 should be corrected to show he was AWOL for only a couple days, vice almost 2 years.
2. The evidence of record clearly shows that the applicant first entered active duty on 18 October 1971. Therefore, he could not have been AWOL on
20 January 1971, as indicated in his DD Form 214 ending on 26 March 1974.
3. The available records indicate he was actually AWOL for 8 days from 13 to
20 January 1973. This period of AWOL should be reflected on his DD Form 214 ending on 26 March 1974.
BOARD VOTE:
__X___ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 ending on 26 March 1974, that he was AWOL from 13 to 20 January 1973.
_______ _ 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) AR20130013544
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ABCMR Record of Proceedings (cont) AR20130013544
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