ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20170018156 APPLICANT REQUESTS: in effect, remove time lost from his DD Form 214 (Report of Transfer or Discharge). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DD Form 4 (Enlistment Contract – Armed Forces of the United States) * DA Form 20 (Enlisted Qualification Record) * DA Form 2-1 * DA Form 2627-1 (Record of Proceeding Under Article 15, Uniform Code of Military Justice (UCMJ) * DD Form 214 * Certificate of Appreciation FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), § 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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, the United States Army (USA) claimed he was absent without leave (AWOL) and it was reflected on his DD Form 214 in item 30 (Remarks) referring to the 73 days lost under Title 10, USC § 972 from 2 June 1970 to 13 August 1970. He strongly disagrees with the USA’s claim and reference and requests that it be removed from his DD Form 214. Upon completion of his tour in Korea, he went on leave enroute to Fort Sill, OK for training. When he reported for training he was told that there was a mistake because the school was longer than the time he had remaining in the army. For 2 weeks he was tasked with signing Soldiers into the dining facility. Someone then provided him with leave papers to go home while he waited for new orders. After about 73 days without pay or an order he reported to the nearest military installation to obtain pay when he was advised that he was listed as AWOL. He was apprehended and taken to the AWOL center. A lieutenant at the AWOL center called Fort Sill to verify this, but someone there stated that there was no record of him ever being there. He was placed on guard duty for about a week and then was assigned to another unit at Fort Riley, KS. During this time, he was not receiving pay and when a colonel (COL) inquired as to his unsoldierly appearance, he explained that he had not been paid and the COL directed him to the finance office to retrieve $500 to purchase a new uniform and get cleaned up, buy souvenirs for his family and to get drunk. He followed the COL’s instructions. When he left the army in May 1970 he had to wait 3 days to get paid $17 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 15 March 1968. b. He served in Korea from 28 January 1969 to 25 February 1970. c. DA Form 2627-1, he accepted non-judicial punishment on 21 August 1970 for AWOL from 2 June 1970 to on or about 13 August 1970. His punishment included reduction in rank to private first class (PFC)/E-3. d. The facts and circumstances surrounding his reduction in rank to private (PVT)/ E-2 is not available for the Board to review. e. He was released from active duty on 28 May 1971 with an honorable characterization of service under provision of Army Regulation (AR) 635-200 (Personnel Separation – Enlisted Personnel) for expiration of term of service and assigned to the United States Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 shows he completed 2 years, 11 months and 29 days of active service. His reenlistment code shows to be RE-3B and he had 73 days of time lost from 2 June to 13 August 1970 and 3 days of excess leave from 25 March to 27 March 1970. f. USAR Personnel and Administration Center Order Number 02-1058237, dated 27 February 1974, shows he was discharged from the USAR on 1 March 1974 with an honorable characterization of service under provision of AR 135-178 (Reserve Components – Separation of Enlisted Personnel), paragraph 3-1 (Expiration of Term of Service). 4. By regulation 635-5 (Personnel Separations – Separation Documents). In effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army, including ACDUTRA personnel, and establishes standardized procedures for the preparation and distribution of these documents. 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 he was listed as AWOL, and he was subsequently punished under the UCMJ for the misconduct. The Board agreed there is insufficient evidence that shows the time lost listed on his separation document was erroneously entered, which would warrant correction. 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. 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, § 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 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). In effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army, including ACDUTRA personnel, and establishes standardized procedures for the preparation and distribution of these documents. a. Paragraph 37g, Item 15 (Reenlistment Code), RE-3B, not eligible for reenlistment unless waiver is granted by commander concerned. This code is only applicable to enlisted persons classified ineligible for reenlistment under table 2-5, AR 601-210 or table 2-3, AR 601-280, because of time lost during their last period of service. b. Paragraph 47b, Items 22a (Net Service This Period), enlisted personnel, enter total service completed between the dates shown in items 10c or 17c and 11d of the DD Form 214, .as represented by continual and foreign service, less time lost under Title 10, USC, § 972, and time lost subsequent to normal expiration of term of service. c. Paragraph 50. Item 22b (Total Active Service), enter total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the ARNGUS or USAR not on active duty, and less time lost under Title 10, USC § 972. d. Paragraph 55, Item 26a (Non-pay Periods Time Lost), enter inclusive dates of non-pay periods / time lost during the preceding 2 years. e. Paragraph 62b (12), Item 30 (Remarks), enter inclusive dates of time lost and of excess leave. Example: "Time lost for 3 days from 16 June through 18 June 1945." "Excess leave of 8 days from 4 November through 6 November 1945.” 3. Title 10 U.S. Code §?972. Members: effect of time lost, (a) enlisted members required to make up time lost.—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 * 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170018156 4 1