BOARD DATE: 19 July 2018 DOCKET NUMBER: AR20160015387 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___X_____ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 July 2018 DOCKET NUMBER: AR20160015387 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entries in items 18a, 18c, and 18e of his DD Form 214 and replacing them with the entry "01 06 16." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show he completed 1 year and 9 months of active service. ______________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: 19 July 2018 DOCKET NUMBER: AR20160015387 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 items 18a (Net Service This Period), 18c (Total Active Service), and 18e (Total Service for Pay) of his DD Form 214 (Report of Separation from Active Duty). 2. The applicant states item 18 of his DD Form 214 shows he only served 6 months and 16 days, but it should show he completed 1 year and 9 months. 3. The applicant provides a copy of his DD Form 214. 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 DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the Regular Army on 5 August 1974 for a period of 2 years. 3. Item 21 (Time Lost) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he had 15 days of lost time from 15 May 1975 through 29 May 1975 due to civil confinement. 4. Headquarters, U.S. Army Field Artillery Center and Fort Sill, Special Orders Number 62, dated 2 March 1976, show his expiration term of service as 5 March 1976. 5. On 5 March 1976, he was discharged under honorable conditions for failure to meet acceptable standards for continued military service. 6. His DD Form 214 shows: * he entered active duty on 5 August 1974 * he was discharged on 5 March 1976 * he completed 6 months and 16 days of net active service in item 18a * he completed 6 months and 16 days of total active service in item 18c * he completed 6 months and 16 days of total service for pay in item 18e * he had 15 days of lost time in item 27 (Remarks) REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The instructions for item 18 stated all service shown in items 18a through 18e would be less time lost under Title 10, U.S. Code 972, and time lost subsequent to expiration term of service. DISCUSSION: 1. The applicant contends item 18 of his DD Form 214 is incorrect and should show he completed 1 year and 9 months. 2. The evidence of record shows: * he entered active duty on 5 August 1974 * he had 15 days of lost time from 15 May 1975 through 29 May 1975 * he was discharged on 5 March 1976 3. His dates of service from 5 August 1974 to 5 March 1976, minus 15 days of lost time, equates to 1 year, 6 months, and 16 days of active service. 4. Items 18a, 18c, and 18e of his DD Form 214 show he completed 6 months and 16 days of active service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015387 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015387 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2