IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080001007 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, in effect, that item 29 (Dates of Time Lost During This Period) of his DD Form 214 (Certificate of Release or Discharge), be corrected. 2. The applicant states, in effect, that his time lost was between 19 August 1986 to 19 October 1986. He was discharged on 13 October 1987. 3. The applicant provides a copy of 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. The applicant's record shows he enlisted in the Regular Army on 22 July 1982. He was trained as an Armor Crewman, in military occupational specialty (MOS), 19E. He was promoted to SP4/E-4 effective 1 November 1983. 3. On 26 September 1985, he received a summarized Article 15, under the Uniform Code of Military Justice (UCMJ), for failing to go to his appointed place of duty. His punishment consisted of 14 days of extra duty. 4. On 17 July 1986, the applicant was punished under Article 15, of the UCMJ, for failing to go to his appointed place of duty. His punishment consisted of a reduction to pay grade E-3, a forfeiture of pay, and 14 days restriction and extra duty. 5. Item 21 (Time Lost), of his DA Form 2-1 (Personnel Qualification Record), shows that he was confined from 19 August 1986 to 19 October 1986 (62 days). 6. Item 27 (Remarks), of his DA Form 2-1, revealed that he was arrested on 19 August 1986, by civilian authorities in Leesville, Louisiana, while in a duty status for DWI (driving while intoxicate). He was convicted and was sentenced to 90 days in jail or a fine of $350.00. 7. On 15 May 1987, the applicant's commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. 8. On 11 June 1987, after consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf. 9. On 12 July 1987, the separation authority approved the recommendation for the applicant’s discharge and directed that he be furnished a general discharge. He was discharged on 13 July 1987, in the pay grade of E-3. He had a total of 4 years, 9 months, and 20 days of creditable service and 62 days of time lost due to confinement. 10. Item 29, of the applicant’s DD Form 214, shows the entry "860819 – 871019." 11. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that item 29 (Dates of Time Lost During This Period) will be completed to show the inclusive periods of time lost, as well as time lost after normal expiration of term of service (ETS). Lost time is not creditable service for pay, retirement, or Veteran’s benefits. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows that the applicant was arrested on 19 August 1986 by civilian authorities in Leesville, Louisiana, while in a duty status for DWI. He was convicted and was sentenced to 90 days in jail or to pay a fine of $350.00 dollars. The evidence also shows his records were posted to show that he was confined from 19 August 1986 to 19 October 1986, which consisted of 62 days. However, item 29, of his DD Form 214 shows the entry "860819 – 871019" which equates to 1 years and 2 months of lost time. The evidence suggest that a typographical error occurred in view of the fact that the date it appears he was released from civilian confinement, 19 October 1987, was long after his release from active duty, 13 July 1987. 2. The applicant's time lost listed in item 21, of his DA Form 2-1, is not consistent with the dates of lost time entered in item 29, of his DD Form 214. A review of his records clearly shows that he was confined by civilian authorities from 19 August 1986 to 19 October 1986, which equated to 62 days. Therefore, the Board recommends that item 29, of the applicant's DD Form 214, be corrected to show the entry "860819 – 861019." 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 showing the entry "860819 – 861019" in item 29 (Dates of Time Lost During This Period), 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) AR20080001007 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080001007 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1