IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140017700
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by deleting the 3 days of lost time.
2. The applicant states, in effect, his unit was being deployed to Vietnam from Okinawa and he was the only one being sent home and was gone only 3 hours. However, he was charged with being absent without leave from 2 November to
4 November 1964 when in fact he was gone only 3 hours. He also states the error is preventing employment opportunities.
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. The applicant enlisted in the Regular Army on 30 April 1962 for a period of 3 years. He completed his one-station unit training as a light weapons infantryman at Fort Gordon, Georgia and his parachute training at Fort Benning, Georgia and was transferred to Okinawa on 4 November 1962.
3. On 10 March 1964, nonjudicial punishment (NJP) was imposed against him for being absent from his unit without proper authority from 10 March to 11 March 1964. The applicant did not appeal his punishment.
4. On 13 April 1964, NJP was imposed against the applicant for missing movement of the USS Barrett on 10 April 1964. He did not appeal his punishment.
5. He departed Okinawa on 23 April 1964 and was transferred to Fort Campbell, Kentucky.
6. On 5 November 1964, NJP was imposed against him for being AWOL from 2 November to 5 November 1964. The applicant did not appeal his punishment.
7. On 22 December 1964, he was convicted by a special court-martial of stealing another Soldiers boots.
8. On 28 January 1965, he was convicted by a summary court-martial of breaking restriction.
9. On 26 March 1965, NJP was imposed against him for failing to go at the time prescribed to his appointed place of duty.
10. On 5 May 1965, he was honorably discharged due to the expiration of his term of service. He had served 3 years and 3 days of active service with 3 days of lost time due to AWOL.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 erroneously reflects 3 days of lost time has been noted and found to lack merit.
2. On 5 November 1964, while at Fort Campbell, NJP was imposed against him for being AWOL from 2 November to 5 November 1964. The applicant did not appeal his punishment.
3. Accordingly, his DD Form 214 was properly prepared to reflect that lost time and the applicant has failed to provide any evidence to show otherwise.
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 that 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) AR20140017700
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ABCMR Record of Proceedings (cont) AR20140017700
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