BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20100000224 


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 the non-pay period of time lost from 10 February to 4 July 1968 be deemed good time. 

2.  The applicant states that on 12 December 1967 he was a passenger in a car involved in a head on collision in Arkansas and was hospitalized until he returned to active duty on 4 July 1968.

3.  The applicant provides three newspaper articles, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two third-party letters in support of his application.

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 official records were not available for review.  However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 1 July 1967 and it appears he went absent without leave (AWOL) while in basic training.  He successfully completed his training as a crawler tractor operator. 

4.  On 1 July 1970, he was discharged under honorable conditions at the United States Army Correctional Training Facility at Fort Riley, Kansas due to unfitness.  He had completed 1 year, 2 months and 18 days of total active service and he had at least 169 days of lost time due to being AWOL.

5.  The period 10 February to 4 July 1968 was deemed as time lost.  There is no evidence available to support the applicant was on an authorized absence at the time he was involved in the car accident or if it was determined to be in the line of duty.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to show the period 10 February to 4 July 1968 was deemed to be an authorized absence by the commander, it must be presumed the applicant was properly charged as being AWOL during the period in question.

2.  The fact that the applicant was discharged from the Army Correctional Training Facility is indicative that the applicant may have been convicted by a court-martial.  Therefore, in the absence of the details concerning the period in question it would not be prudent to designate the period in question as good time.

3.  Accordingly, there does not appear to be sufficient evidence to support the applicant's contention that the period in question should be deemed good time.

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)                                         AR20100000224



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100000224