ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  7 October 2019

	DOCKET NUMBER:  AR20170012977


APPLICANT REQUESTS: reconsideration of correction of his DD Form 214 (Armed 
Forces of the United States Report of Transfer or Discharge) to show

*	Item 22a(1) (Net Service this Period), to reflect 3 months and 1 day
*	Item 26a (Non-Pay Periods Time Lost), to reflect no lost time for absent without 
leave (AWOL) status

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20140003371 on 14 February 2014.

2.  The applicant states, his DD Form 214 reflects that he was AWOL for 7 days, but he 
was not.  He states that the time served says two months and twenty three days, but he 
actually served 91 days under honorable conditions.  He states he cannot get the status 
of service connected.

3.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the Regular Army on 28 December 1967.

	b.  His DA Form 20 (Enlisted Qualification Record), reflects in:

*	item 38 (Record of Assignments), that he received unsatisfactory ratings for 
conduct and efficiency for Basic Combat Training.
*	Item 44 (Lost Time), that he was considered AWOL for a period of 7 days 
from 18 February 1968 to 24 February 1968

	c.  On 22 January 1968, the applicant accepted nonjudicial punishment for one 
specification of willfully disobey and strike in the face with his fist a superior 
noncommissioned officer.

	d.  On 21 March 1968, his immediate commander notified him that action was being 
initiated to separate him under the provisions of Army Regulation (AR) 635-212 
(Personnel Separations – Discharge – Unfitness and Unsuitability), based on his failure 
to adjust suitably to the standards of the United States Army.

	e.  Subsequently, he acknowledged receipt of notification (no date) of the 
commander’s intent to separate him under the provisions of AR 635-212, based on his 
failure to adjust suitably to the standards of the United States Army.  He also 
acknowledged: 

*	he would be deprived of many or all Army benefits
*	he may be ineligible for many or all benefits administered by the Veterans 
Administration, and that he may be deprived of his rights and benefits as a 
Veteran under both Federal and State law
*	he may expect to encounter substantial prejudice in civilian life because of an 
under other than honorable conditions discharge

	f.  Subsequent to the applicant's acknowledgement, on 22 March 1968, the 
immediate commander formally initiated separation action against the applicant under 
the provisions of AR 635-212, based on his character and behavior disorders.  The 
Commander states that the applicant was tried by a Special Court Martial (SCM), and 
sentenced to six months confinement (suspended) and forfeiture of $60 for three 
months.

	g.  The applicant’s service record contains no documentation for a SCM.

	h.  On 25 March 1968, the separation authority approved the recommendation for 
separation for character and behavior disorders and ordered a General Discharge 
Certificate under honorable conditions issued.

	i.  On 27 March 1968, the applicant was discharged from active duty under the 
provisions of AR 635-212, with a general under honorable conditions characterization of 
service.  He completed 2 months, and 23 days of active duty service.  He had 7 days of 
lost time from 18 February 1968 to 24 February 1968.

4.  The applicant applied to the ABCMR on multiple times with the last application on  
14 February 2014.  He has been denied multiple times and the Board determined 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.

5.  By regulation, AR 635-5, prescribes the separation documents that must be prepared 
for Soldiers on retirement, discharge, release from active duty service, or control of the 
Active Army.  It also states that lost time is non-creditable time. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows 90 days (3 months) spanned the period from his enlistment date through 
his separation date.  However, his record shows 7 days of lost time.  Subtracting the 
lost time from the 3 months, equals the 2 months and 23 days of service listed on his 
separation document.  The Board agreed there is insufficient evidence to grant relief.

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 to amend the decision of the ABCMR set forth in Docket 
Number AR20140003371 on 14 February 2014.
	  
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.  Army Regulation (AR) 635-212, in effect at the time, set forth the basic authority for the 
separation of enlisted personnel who were found to be unfit or unsuitable for military 
service.  The regulation further provided, in pertinent part, that service members discharged 
for unfitness would be furnished an undesirable discharge, unless circumstances warranted 
a general or honorable discharge.  Service members discharged for unsuitability would be 
furnished an honorable or general discharge.

2. AR 635-5 (Separation Documents) prescribes the separation documents that must be 
prepared for Soldiers on retirement, discharge, release from active duty service, or control 
of the Active Army.  It establishes standardized policy for preparing and distributing the DD 
Form 214.  It provides, in pertinent part, that lost time under 10 USC 972 and non-creditable 
time after expiration of term of service (ETS), if any, are deducted from Item 22a(1 ), Net 
Service This Period.


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170012977

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