BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003544 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003544 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003544 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of entry onto active duty in August 1981 and his separation date February 1982. 2. The applicant states he completed 6 months and 2 weeks of net active service. 3. The applicant provides no additional evidence. 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 enlistment contract shows he enlisted in the United States Army Reserve in the Delay Entry Program on 18 July 1980. He enlisted in the Regular Army (RA) on 9 September 1980. He completed training as a food service specialist. 3. Headquarters, 9th Infantry Division and Fort Lewis, Orders 098-842 were published on 20 May 1981, reassigning the applicant to the separation transfer point for processing for discharge effective 22 May 1981. 4. On 22 May 1981 the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) chapter 10, for the good of the service in lieu of trial by court-martial. 5. The applicant's DD Form 214 shows his date entered onto active duty as 9 September 1980 and his separation date this period as 22 May 1981. It shows that he completed 7 months and 5 days of net active service this period and that he had lost time from 24 February to 4 April 1981, which is 1 month and 12 days. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), paragraph 2-4, then in effect, provided instructions for the completion of items that appear on the DD Form 214. Instructions for the completion of Item 12 (Record of Service) are as follow: a. Item 12a (Date Entered Active Duty (AD) This Period). Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. b. Item 12b (Separation Date This Period). Enter the ending date of the continuous period of AD for issuance of this DD Form 214. c. Item 12c (Net Active Service This Period). Amount of service this period, computed by subtracting item 12a from 12b. All service entered will be less time lost under the provisions of Title 10, U.S. Code, section 972. 2. Title 10, U.S. Code, section 972(a) (Enlisted Members Required to Make up Time Lost) states an enlisted member of an armed force who deserts; is absent from his organization, station, or duty for more than one day without proper authority, as determined by competent authority; is confined by military or civilian authorities for more than one day in connection with a trial, whether before, during, or after the trial; or is unable for more than one day, as determined by competent authority, to perform his duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from his misconduct; is liable, after his return to full duty, to serve for a period that, when added to the period that he served before his absence from duty, amounts to the term for which he was enlisted or inducted. DISCUSSION: The applicant's enlistment contract shows he enlisted in the RA on 9 September 1980. The evidence of record shows he was discharged from the RA on 22 May 1981 and that he completed 7 months and 5 days of net active service this period with his lost time (1 month and 12 days) subtracted from his total active service. It appears his DD Form 214 appropriately shows his entrance and separation dates based on the evidence of record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003544 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003544 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2