IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130018005
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 (Certificate of Release or Discharge from Active Duty) to show he completed 1 year, 11 months, and 27 days of net active service.
2. The applicant states his DD Form 214 contains a clerical error.
3. The applicant provides 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. He enlisted in the Regular Army on 23 April 1992 and he was discharged from active duty on 20 April 1994. He had lost time during the periods 14-15 March 1994 (2 days) and 17-31 March 1994 (15 days).
3. His DD Form 214 shows the following entries:
* item 12a (Date Entered Active Duty This Period) 1992 04 23
* item 12b (Separation Date This Period) 1994 04 20
* item 12c (Net Active Service This Period) 01 11 11 (1 year, 11 months, and 11 days)
* item 29 (Dates of Time Lost During this Period) "940314-9403115
[14-15 March 1994]" and "940317-940331 [17-31 March 1994]," (a total of 17 days)
4. Army Regulation 635-5 (Separation Documents) states extreme care must be used in completing item 12 (Record of Service) of the DD Form 214 because post-service benefits, final pay, retirement credit, and so forth are based on this information.
a. For item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.
b. For item 12b, enter the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for makeup of lost time, or is retained on active duty for the convenience of the government.
c. Item 12c is determined by subtracting item 12a from item 12b. Lost time under Title 10, U.S. Code, section 972, and non-creditable time after the expiration of term of service, if any, are deducted.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant had 17 days of lost time due to AWOL at the time of his discharge. His net service calculation is as follows:
1994 04 20 (date discharge)
- 1992 04 23 (date of enlistment)
= 01 11 27
+ 1 (inclusive day)
= 01 11 28 (net active service)
- 17 (days of lost time)
= 01 11 11
2. His net service is correctly calculated. Therefore, he is not entitled to correction of his DD Form 214 to show additional service.
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) AR20130018005
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ABCMR Record of Proceedings (cont) AR20130018005
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