IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140004487 


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 removal of the lost time from item 26a (Non-Pay Periods Time Lost) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect:

* his DD Form 214 shows a period of lost time from 17 to 30 October 1970; he was on leave during this period
* he works for the post office and the lost time affects the calculation of his service for retirement
* he was actually on leave prior to reporting to Oakland, CA for onward movement to Vietnam 

3.  The applicant provides:

* National Retirement Counseling System Service History
* Notification of Personnel Action
* DD Form 214
* Special Orders (SO) Number 261, dated 26 September 1970

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 was inducted into the Army of the United States on 23 September 1969.  He completed training and was awarded military occupational specialty 11E (Armor Crewman). 

3.  Following completion of training, he was reassigned to Fort Hood, TX, on or about 13 February 1970. 

4.  On 26 September 1970, Headquarters, 1st Armored Division, Fort Hood, TX, published SO Number 261 reassigning him to the U.S. Army Overseas Replacement Station, Oakland, CA.  The orders listed a "reporting date" of 3 November 1970 and an availability date of October 1970.  The orders also authorized 30 days of delay enroute.  

5.  He served in Vietnam from 13 November 1970 to on or about 17 September 1971.  He was honorably released from active duty on 17 September 1971.  His DD Form 214 shows in:

* item 10c (Date Inducted) - 23 September 1969
* item 11d (Effective Date (of Separation)) - 17 September 1971
* item 22a (1) (Net Service This Period) - 1-11-25
* item 22b (Total Active Service) - 1-11-25
* item 26a - 17 to 30 October 1970
* item 26b (Days Accrued Leave Paid) - -14 days

6.  His DA Form 20 (Enlisted Qualification Record) shows in: 

	a.  item 38 (Record of Assignments), there is no entry for being absent without leave, confinement, or any other unauthorized absence.

	b.  item 40 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date of Expiration of Term of Service (ETS), there is also no entry here. 

7.  The applicant's DA Form 201 (Military Personnel Records Jacket) is void of any documents, such as a DA Form 4187 (Personnel Action), reporting the applicant in an AWOL status, confinement, or any other unauthorized absence. 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides the individual with documentary evidence of their military service.  The regulation requires that the dates of time lost during the current enlistment will be entered on the DD Form 214:

	a.  Item 26a of the version in effect at the time shows time lost under Title 10, U.S. Code, section 972.  

	b.  For enlisted personnel, the inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972, and periods of non-inclusive time after ETS will be entered.  Lost time under Title 10, U.S. Code, section 972 is not creditable service for pay, retirement, or veteran’s benefits; however, the Army preserves a record of it (even after it has been made up) to explain which service between the date of entry on active duty and the date of separation is creditable service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 23 September 1969 to 17 September 1971, a period of 1 year, 11 months, and 25 days.  Aside from the entry on his DD Form 214, nowhere in his records does it show he was AWOL, confined, or in a period of unauthorized absence.  

* his DA Form 201 is void of any documents, such as a DA Form 4187  reporting the applicant in an AWOL status, confinement, or any other unauthorized absence
* his DA Form 20 does not show an entry for lost time in item 44
* his DD Form 214 does not explain the lost time in item 30

2.  Based on the preponderance of the evidence, it appears the entry in item 26a of his DD Form 214 showing time lost from 17 to 30 October 1970 is in error (and may have been entered because item 26b indicates he was in a minus leave status) and should be corrected.  Therefore, he is entitled to correction of his DD Form 214 to remove the entry from item 26a of his DD Form 214. 



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 deleting the existing entry in item 26a of his DD Form 214. 



      _______ _   _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)                                         AR20140004487



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ABCMR Record of Proceedings (cont)                                         AR20140004487



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