IN THE CASE OF: 
BOARD DATE: 19 August 2022 
DOCKET NUMBER: AR20220001168 


APPLICANT REQUESTS: correction of item 21 (Lost Time) of his DD Form 214 (Report of Separation from Active Duty), for the period ending 4 October 1971, to remove the entry of 38 days. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). 

FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he did not have any lost time during his service. He was toldthat this time was for time spent in jail and he has never been incarcerated. This bothershim as he has been in law enforcement and has never been disciplined, never receivednonjudicial punishment or any other punishment.

3.His DD Form 4, dated 28 June 1971, shows he enlisted in the U.S. Army ReserveDelayed Entry Program on 28 June 1971 for a period of 6 years and a commitment toenlist in the Regular Army on 7 October 1971.

4.He enlisted in the Regular Army on 7 October 1971, for a period of 3 years.

5.His DA Form 20 (Enlisted Qualification Record) shows in:

•item 31 (Foreign Service) – he received overseas tour credit for service inU.S. Army Pacific-Vietnam from 21 August 1971 through 26 February 1973

•item 38 (Record of Assignments) – his Conduct and Efficiency rating were rated"Excellent"

•item 41 (Awards and Decorations) –



•Army Commendation Medal

•National Defense Service Medal

•Vietnam Service Medal

•Republic of Vietnam Campaign Medal with Device (1960)

•Aircraft Crewman Badge

•Overseas service bar

•Sharpshooter Marksmanship Qualification Badge with Rifle Bar



•item 44 (Time Lost) – No Entry



6.He was relieved with honorable service from active duty and transferred to the U.S.Army Reserve Control Group (Annual Training) on 4 October 1974. His DD Form 214shows in:

•item 13 (Terminal Date of Reserve/Military Selective Service Obligation) –27 June 1977

•item 18 (Net Active Service This Period) – 2 years,11 months, 28 days

•item 18d (Prior Inactive Service) – 3 months, 8 days

•item 21 (Time Lost) – 38 days

•item 26 (Decorations, Medals, Badges, Commendations, Citations andCampaign Ribbons Awarded or Authorized) –



•Army Commendation Medal

•National Defense Service Medal

•Vietnam Service Medal with bronze service star

•Republic of Vietnam Campaign Medal

•Aircraft Crewman Badge

•Sharpshooter Marksmanship Qualification Badge with Rifle Bar



7.There is no evidence in the applicant's service record of any derogatory information,nonjudicial punishment, or occurrences of lost time for the Board's review.

8.The HQDA, General Orders 8, 19 March 1974, awarded the Republic of VietnamGallantry Cross with Palm Unit Citation to the Headquarters, U.S. Army Vietnam and itssubordinate units, which performed both significantly and heroically while serving in theRepublic of Vietnam from 20 July 1965 to 28 March 1973.

9.An U.S. Army Human Resource Command memorandum (ABCMR of Proceedingsfor (Applicant) states the Army Service Center is unable to determine if the applicant'sDD Form 214 is correct as issued showing 38 days of time lost.


BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was warranted. The applicant’scontentions, the military record, and regulatory guidance were carefully considered.The Board agreed his record is void evidence that shows any period lost time, and thathis DD Form 214 should not show any time lost.

2.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.

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 the Army records of the individual concerned be corrected by amending item 21 of his DD Form 214 for the period ending 4 October 1974 by deleting 38 of days of time lost and replacing it with None. 



Microsoft Office Signature Line...
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): 

The applicant was awarded or authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. 

REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR. The ABCMR begins its consideration of each casewith the presumption of administrative regularity. The applicant has the burden ofproving an error or injustice by a preponderance of the evidence.

3.Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 15 July1966, provided the authority for separation of enlisted personnel upon expiration of termof service. Paragraph 2-3 (Time Lost to be Made Good) stated every individual in activeFederal service who renders himself unable for more than 1 day to perform duty will beliable, after a return to full duty status, to serve for such period as is necessary tocomplete his full term of service or obligation, exclusive of such time lost. Lost time inthe sense of this regulation refers to periods of more than 1 day during which anindividual on active duty is unable to perform duty because of:

•desertion

•absence without proper authority

•confinement under sentence

•confinement while awaiting trial or disposition of individual's case, if trial results inconviction

•intemperate use of drugs or alcoholic liquor

•disease or injury, the result of individual's own misconduct



4.Army Regulation 635-5 (Separation Documents), 20 August 1973, prescribed theseparation documents that were furnished individuals who are retired, discharged, orreleased form active military service. Item by item instruction for entries on theDD Form 214 include for item 21 (Time Lost – Preceding 2 years), stated thisinformation is required by other Federal agencies and will include time lost underTitle 10, U.S. Code, Section 972 (Army Regulation 635-200, paragraph 2-3) and time inan excess leave status for the preceding 2 years only.
 
5. Title 10, U.S. Code, Section 972 (Members: Effect of Time Lost), paragraph a (Enlisted Members Required to Make Up Time Lost) states an enlisted member of an armed force who deserts; is absent form his organization, station, or duty for more than 1 day without proper authority, as determined by competent authority; is confined by military or civilian authorities for more than 1 day in connection with a trial, whether before, during or after the trial; or is unable for more than 1 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 own 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//