BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014284
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 item 29 (Dates of Time Lost During This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he had lost time during the period 8 January 1985 through
13 January 1985 versus 8 January 1985 through 13 November 1985.
2. The applicant states the entry in item 29 of his DD Form 214 was made in error. He states he did not have lost time equivalent to 10 months and 5 days. He believes the dates of time lost should read either 8 November 1985 through 13 November 1985, or 8 January 1985 through 13 January 1985.
3. The applicant provides 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. On 10 July 1984, the applicant enlisted in the Regular Army. He completed his initial entry training at Fort Benning, GA, and was awarded military occupational specialty 11B (Infantryman).
3. On 22 October 1984, upon the completion of his initial entry training, he was reassigned to Company C, 2nd Battalion, 16th Infantry Regiment, Fort Riley, KS.
4. On 8 January 1985, his unit reported him absent without leave (AWOL).
5. On 13 January 1985, he returned to military control and his duty status was changed from AWOL to present for duty.
6. His DA Form 2-1 (Personnel Qualification Record Part II) shows the following entries:
* item 21 (Time Lost) shows he was AWOL during the period 8 January 1985 through 12 January 1985; thus, he accrued 5 lost days
* item 35 (Record of Assignments) shows he was AWOL effective 8 January 1985 and he was returned to military control effective 13 January 1985
7. On 21 October 1987, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 29 of his DD Form 214 shows he had lost time from 8 January 1985 through 13 November 1985.
8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the DD Form 214 is to provide the separating Soldier with documentary evidence of his or her military service. The information entered on the form should be complete and accurate. The version in effect at the time stated item 29 would reflect the inclusive dates of any lost time credited during the Soldier's period of service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was AWOL during the period 8 January 1985 through 12 January 1985, and he returned to military control on 13 January 1985 (thus, this last date is not considered as part of the AWOL period).
2. Item 29 of his DD Form 214 shows he was AWOL during the period 8 January 1985 through 13 November 1985. It appears this entry is in error; therefore, it would be appropriate to amend item 29 of his DD Form 214 to delete the current entry and show he was AWOL during the period 8 January 1985 through 12 January 1985.
BOARD VOTE:
___X_____ ___X_____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending item 29 of his DD Form 214 to delete the entry "850108 851113" and add the entry "850108 850112."
__________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) AR20080000019
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ABCMR Record of Proceedings (cont) AR20130014284
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