IN THE CASE OF: BOARD DATE: 10 September 2016 DOCKET NUMBER: AR20150013020 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, correction of item 21 (Time Lost – Preceding Two Years) of his DD Form 214 (Report of Separation from Active Duty). 2. The applicant states he was dealing with a medical condition, he was hurt on active duty for training (ADT) and he did not get the help he needed from his Army National Guard (ARNG) unit. a. He states he was having family problems when he was ordered to active duty on 17 March 1979. His records show he had 51 days of time lost (from 17 March through 6 May 1979) under Title 10, U.S. Code, section 972 (10 USC 972); however this is an error. b. He also states he was medically discharged and has been granted a service connected disability rating of 50 percent by the Department of Veterans Affairs (VA). He adds that he needs the 51 days of lost time as creditable service in order for him to qualify for a home loan guaranteed by the VA. 3. The applicant provides the self-authored statement (summarized above). 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 ARNG of the United States (ARNGUS) and New York ARNG (NYARNG) on 25 February 1976 for a period of 6 years. 3. A DD Form 214 shows the applicant was ordered to ADT on 18 April 1976, honorably released from ADT on 10 September 1976, and transferred to the ARNGUS and NYARNG to complete his Reserve obligation. It also shows that he was awarded military occupational specialty 63G (Fuel and Electrical Systems Repairer) and he completed 4 months and 23 days of net active service this period. 4. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted on 25 February 1976 and he was separated from the ARNGUS and NYARNG on 16 March 1979 with a general (under honorable conditions) character of service. He had completed 3 years and 12 days of net service this period. 5. Headquarters, First United States Army, Fort George G. Meade, MD, Orders 19-17, dated 31 January 1979, as amended by Orders 25-1, dated 8 February 1979, ordered the applicant to active duty effective 17 March 1979 for a period of 19 months and 7 days. 6. Two DA Forms 4187 (Personnel Actions) show the applicant's duty status was changed from: * Assigned not joined to absent without leave (AWOL), effective 17 March 1979 * AWOL to dropped from the rolls of the unit, effective 15 April 1979 7. Headquarters, U.S. Army Reception Station, U.S. Army Training Center, Fort Dix, NJ, Orders 91-2, dated 9 May 1979, shows the applicant returned to military control, effective 7 May 1979. 8. A DA Form 3349 (Medical Condition – Physical Profile Record), dated 9 May 1979, shows the applicant was returned to his unit for duty with temporary limitations for a period of 90 days, based on chronic back strain. 9. A DA Form 3947 (Medical Board Proceedings) shows a Medical Evaluation Board (MEB) convened on 9 July 1979 at U.S. Darnall Army Hospital, Fort Hood, TX. The MEB found the applicant medically unfit for further military service due to lumbar scoliosis (moderate) and total body pain syndrome, secondary to lumbar scoliosis. a. The MEB recommended the applicant be separated from the service due to the (above) condition that existed prior to service (EPTS), which was not considered to be service aggravated. The applicant indicated that he did not desire to continue on active duty. b. The MEB findings and recommendations were approved on 16 July 1979. The applicant was informed of the approved findings and recommendations and he placed his signature on the approved MEB proceedings. 10. On 17 July 1979, the applicant requested an expeditious discharge from service by reason of physical disability that was found to have existed prior to his enlistment and which was neither incident to nor aggravated by his military service. He acknowledged he was advised that if his application was approved, he would be separated by reason of physical disability that EPTS. The applicant and the Physical Evaluation Board Liaison Officer placed their signatures on the document. 11. The applicant's chain of command recommended approval of his request. 12. The separation authority approved the applicant's request for discharge under the provisions of (UP) Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 5 (Separation for Convenience of the Government), due to not meeting procurement medical fitness standards. 13. A DD Form 214 shows the applicant entered active duty this period on 17 March 1979 and he was honorably discharged on 6 August 1979 UP AR 635-200, chapter 5. Item 18 (Record of Service) shows he completed 2 months and 29 days of net service this period; 4 months and 23 days of prior active service; 7 months and 22 days of total active service; 2 years and 8 months of prior inactive service; and 3 years, 3 months, and 22 days of total service for pay. It also shows in item 21, and continued in item 27 (Remarks), he had 51 days lost under 10 USC 972 from 17 March 1979 through 6 May 1979. 14. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. a. It also established standardized policy for preparing and distributing the DD Form 214. b. It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. It shows for – * item 18, all service shown will be less time lost under 10 USC 972 and time lost subsequent to expiration term of service * item 21, this information is required by other Federal agencies; enter the number of days of time lost under 10 USC 972 * item 27, will be used for entries required by Headquarters, Department of the Army, for which a separate item is not available on the form and for competing entries that are too long for their respective blocks DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that his DD Form 214 should be corrected by deleting the entries pertaining to 51 days of time lost under 10 USC 972 and showing the period/days of time lost as creditable active duty service. 2. Records show the applicant was ordered to active duty on 17 March 1979. Records also show he was in an AWOL status from 17 March through 6 May 1979. 3. He was honorably discharged on 6 August 1979 based on a physical disability that EPTS. He was credited with completing 2 months and 29 days of net service this period and he had 51 days lost under 10 USC 972 from 17 March through 6 May 1979. 4. There is no evidence of record and the applicant provides insufficient evidence that refutes the accuracy of the record with respect to his time lost. 5. The DD Form 214 he was issued at that time correctly shows the number of days of time lost and the period of the applicant's time lost. 6. Based on the evidence of record, there is an insufficient evidentiary basis to grant the applicant's requested relief. 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) AR20150013020 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150013020 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1