ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20180003541 APPLICANT REQUESTS: In effect, the removal of 11 days lost under article 10 USC 972, from 9 Jun 67 to19 Jun 67 from block 30 (Remarks) of his DD Form 214 (Armed Forces of the Unites States 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, 12 February 2018 * DD Form 214 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 it has been over 50 years, but it has been on his mind, as to being charged with article 10 USC 972 absent without leave (AWOL) from 9 June 1967 to 19 June 1967. He had recently returned from Vietnam on an emergency leave and was granted a compassionate reassignment. He was sent to Fort Sheridan, IL. He was allowed to finish his high school education and receive a general education diploma. Following that, there was some confusion as to where he would be placed. There was a lot of personnel waiting to be assigned and a lot of confusion on 8 June 1967 and he was told by an officer to go home and that they would call him. He never received a call, so he called them, and they told him to report to Fort Sheridan, and he did. When he reported, he remembers a company clerk told him that he was AWOL. I had absolutely no idea of that and he reported it as so. He did a variety of odd jobs at Fort Sheridan and was finally assigned to Adjutant Generals publication office in Chicago. He worked there for over a year and a half and never missed a day. He never even took leave, acquiring 28 days of leave time. He was not one that would ever do something like that and that he worked hard at any assignment that he was given. He believes the charge of AWOL was totally without merit, the reason being that he was just following orders. Therefore, he is asking for consideration in removing this from his record. After all these years, it would be greatly appreciated if this wrong was finally made right. 3. The applicant provides: * Self-authored letter, dated 12 February 2018 addressed above * DD Form 214 which shows the applicant was honorably discharged on 20 January 1969 with 11 days of lost time from 9-19 June 1967 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 10 January 1966. b. DA Form 20 (Enlisted Qualification Record) block 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS (Expiration Term of Service) shows the applicant was AWOL from 9 June 1967 -19 June 1967 for a total of 11 days. c. Enlisted member (EM) arrested by civil authorities memo, dated 2 May 1968 shows the applicant was arrested by civil authorities. He was assigned to US Army Garrison and correspondence was requested to be forwarded in case of transfer. d. EM arrested by civil authorities memo from Headquarters Detachment US Army Support Detachment, Fort Sheridan, IL, dated 17 May 1968 shows the applicant’s charges had been dropped. e. The applicant was honorably discharged on 20 January 1969 due to ETS. He completed 3 years and 11 days of service with 11 days of lost time from 9 June 1967-19 June 1967. 5. By regulation, Army 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 and establishes standardized procedures for the preparation and distribution of these documents. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the small amount of lost time, the passage of time, along with the recent guidance on providing clemency when warranted, the Board concluded that removing the lost time from the applicant’s DD Form 214 was warranted in order to assist him in any future endeavors. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by removing from Item 30 the language, “11 days Lost Under 10 USC 972, From 9 Jun 67-19 Jun 67” 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 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 and establishes standardized procedures for the preparation and distribution of these documents. a. Paragraph 62b(13) (Item 30) states i060f the individual lost any time prior to normal ETS as indicated in section 6, DA Form 20 (Enlisted Qualification Record), enter the total number of days lost with inclusive dates. b. 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. ABCMR Record of Proceedings (cont) AR20180003541 3 1