ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20170001323


APPLICANT REQUESTS: correction of item 29 (Dates of Time Lost During This Period) 
of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with a 
separation date of 25 May 1990, to remove the entries pertaining to lost time. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	DFAS-CL 1340/2 (Estimated Earnings During Military Service), dated 17 
November 2016

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2. The applicant states, in effect, he did not have time lost during his military service and 
he is not receiving total credit for his service.  He believes the error occurred on 25 May 
1990 while he was assigned to Headquarters and Headquarters Troop, 1st Battalion, 
4th Cavalry, 1st Infantry Division.

3. On 20 November 1979, the applicant enlisted into the Regular Army for a period of 3 
years.  

4.  On 3 January 1990, the applicant's duty status was changed from absent without 
leave (AWOL) to present for duty, effective 28 December 1989.

5.  On 11 January 1990, the applicant was charged with being AWOL.  His record 
shows he did, on or about 27 December 1989, without authority, absent himself from his 
unit to wit Headquarters and Headquarters Troop, 1st Battalion, 4th Cavalry and 
remained absent until on or about 28 December 1989.   

6.   A review of the applicant's record shows his DA Form 2-1, item 21 (Time Lost) 
provides an entry for his period of AWOL as "891227 through 891227."

7.  On 25 May 1990, the applicant was released from active duty.  His DD Form 214, 
item 29 (Dates of Time Lost During This Period) shows his period of time lost as 
"891227 – 871227."  (Note:   There appears to be a typographical error on his DD Form 
214, wherein the entry was annotated as "871227" instead of as "891227."

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the 
standardized policy for preparing and distributing the DD Form 214.  The regulation 
provides, in pertinent part, for enlisted personnel, enter inclusive periods of time lost to 
be made good under 10 U.S.C. 972, and periods of non-chargeable time after expiration 
of term of service (ETS) are to be entered in Item 29 of the DD Form 214.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the charges 
for AWOL and NJP, entries on his DA Form 2-1, the 4187 Personnel action and his DD 
Form 214.  The Board found insufficient evidence to show the entry for lost time was 
inaccurate, and the applicant provided none.  Based on a preponderance of evidence, 
the Board determined that the applicant’s lost time was not in error or unjust.  The 
Board concurs with the correction as shown in the Administrative Note(s) below.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION









BOARD DETERMINATION/RECOMMENDATION:

With the exception of the correction stated in the Administrative Note(s) that follow, 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.



	  
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.


ADMINISTRATIVE NOTE(S):

During the course of the review, it appears there was an error in the dates of the 
applicant’s lost time as recorded on his DD Form 214 in item 29 (Dates of Time Lost 
During This Period).  The entry should read 891227-891227 vice 891227-871227.

?
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Title 10, USC, section  972, states, in pertinent part, enlisted members of an armed 
force who desert; are absent from their organization, station, or duty for more than one 
day without proper authority, as determined by competent authority; are confined by 
military or civilian authorities for more than one day in connection with a trial, whether 
before, during, or after the trial; or are unable for more than one day, as determined by 
competent authority, to perform their duties because of intemperate use of drugs or 
alcoholic liquor, or because of disease or injury resulting from their misconduct are 
liable, after their return to full duty, to serve for a period that, when added to the period 
that they served before their absence from duty, amounts to the term for which they 
were enlisted or inducted.

3.  Army Regulation 635-5 (Separation Documents), then in effect, established the 
standardized policy for preparing and distributing the DD Form 214.  The regulations 
states for enlisted personnel, enter inclusive periods of time lost to be made good under 
10 U.S.C. 972, and periods of non-chargeable time after ETS. For officers, enter 
inclusive dates absent without leave (Article 86, UCMJ).  

a.	 Lost time under 10 U.S.C. 972 is not creditable service for pay, retirement, or 
veteran's benefits; however the Army preserves a record of it (even after it has been 
made up) to explain which service between date of entry on active duty (block 12a) and 
separation date (12b) is creditable service. 

b.	 Time lost after ETS is non-chargeable time under 10 U.S.C. 972, but it must also 
be reported to make sure it is not counted in computation of total creditable service for 
benefits.  Examples "Under 10 U.S.C. 972: 831119 - 840117; 840289 - 840214"
and/or "Not chargeable under 10 U.S.C. 972: 840219 - 840221."

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.

ABCMR Record of Proceedings (cont)	 AR20170001323
	
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