APPLICANT REQUESTS:  That the lost time shown on his DD Form 214 be removed.

APPLICANT STATES:  That the punishment for selling some beer to a South Vietnamese person is particularly harsh and he believes excessive.

EVIDENCE OF RECORD:  The applicant’s military records show: 

On 6 February 1969, he enlisted in the Regular Army.  

The applicant departed AWOL from Fort Polk, LA from 3 - 13 October 1969 and again from 13 - 19 November 1969.

The applicant served in Vietnam from 21 May 1970 - 15 February 1971.  He accepted non-judicial punishment under Article 15, Uniform Code of Military Justice one time while in Vietnam for wrongfully appropriating a ¼ ton vehicle.  His imposed punishment was to be reduced to pay grade E-1, suspended, to forfeit $70 pay for 1 month, and to be restricted for 60 days.

He was honorably separated upon completion of his normal expiration term of service on 15 February 1971.  He had completed 1 year, 11 months and 22 days of creditable active service and had 18 days of lost time.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge or release from active military service or control of the Amy.  It establishes standardized policy for the preparation and distribution of DD Form 214.  Separation documents provide soldiers a record of their military service; the Army a source of information for administrative purposes; and governmental agencies an authoritative source of information for administering Federal and State laws pertaining to veterans.  The DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The lost time is a fact that occurred during the applicant’s period of service while he was assigned to Fort Polk, LA and so must remain recorded on his    DD Form 214.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director