ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 June 2019 DOCKET NUMBER: AR20170010638 APPLICANT REQUESTS: in effect, correction of the excess leave and/or lost time on his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). 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 his DD Form 214 reflects 337 days of excess leave, with a total of 390 days retained for the convenience of the government. He further stated he was not AWOL (absent without leave) for 90 days, as he believed was documented on his DD Form 214. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 31 July 1980 for 3 years. His expiration of term of service (ETS) date was established as 30 July 1983. b. He served in Germany from 28 June 1982 to 6 August 1983. c. On 1 October 1981, he received nonjudicial punishment for being AWOL from 16 to 28 September 1981. His punishment included reduction to private/E-1. d. He was convicted by a special court-martial on 1 November 1983 for wrongful possession and wrongful distribution of marijuana, in the form of hashish. His sentence included reduction to the lowest enlisted grade, forfeiture of $382.00 pay per month for three months, confinement for three months, and a bad conduct discharge. a. e. On 23 December 1983, he submitted a DA Form 31 (Request and Authority for Leave) requesting excess leave to begin on that date through an indefinite period. The form was signed by the applicant and approved by the commander. f. On 22 February 1984, the commander provided the applicant with a letter detailing the convening authority’s intent to place him on involuntary excess leave. He acknowledged receipt of the correspondence on the same day and noted he did not desire to submit matters for consideration. g. On 29 February 1984, the convening authority directed excess leave effective immediately because he did not consider the applicant’s continued presence on active duty to be productive or beneficial to the U.S. Army. h. Special Court-Martial Order Number 167, dated 16 October 1984, after Article 71(c) was complied with and the sentence was affirmed, ordered the bad conduct discharge executed. i. He was discharged from active duty on 23 November 1984 with a bad conduct discharge characterization of service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years and 25 days of active service. Block 39 (Remarks) also shows he was retained in service 390 days for the convenience of the government with 337 days of excess leave. Block 29 (Dates of Time Lost During the Period) are reflected as 16 September 1981 to 27 September 1981 and from 7 October 1983 to 22 December 1983. 4. By regulation, a. AR 635-5, 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 (block 12b) is creditable service. a. Excess leave is creditable for all purposes except pay and allowances. * DA Form 31 list the beginning of leave as 23 December 1983 through the effective date of discharge, as identified on the DD Form 214, 23 November 1984 (337 days) * Dates of time lost during the period are 16 September 1981 through 27 September 1981 (11 days) and 7 October 1983 to 22 December 1983 (76 days) c. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 5. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the facts and circumstances surrounding the applicant’s discharge, the Board found that he information currently annotated on the DD Form 214 of the applicant accurately reflects the military service of the applicant. The Board found that the excess leave reflected in the remarks section of the DD Form 214 was reflected as a comment, but was calculated as creditable time in block 12. Therefore, no error or injustice was present which warranted making a change to the applicant’s record. 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: 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. 7/9/2019 CHAIRPERSON Signed by 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. 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. Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents) states: 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 (block 12b) is creditable service. b. Excess leave is creditable for all purposes except pay and allowances. c. The DD Form 214 (Certificate of Release or Discharge from Active Duty) is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation.