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My name is ***** *****, my issue is understanding my

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Hi my name is ***** *****, my issue is understanding my deceased fathers DD 214. It states 232 days lost under SEC 6 (A) APP 2B MCM 1951 Blood group - A. PVT E-2(P) 20 NOV 53

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Sorry I hit enter too soon. What does the "232 days lost under SEC 6 (A) APP 2B MCM 1951" followed by "Blood Group - A" mean? It also states "Excess LV 10 Days" What does that mean. These items are all in box #38.

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Submitted: 2 years ago.Category: Military Law
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Answered in 32 minutes by:
1/20/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The MCM 1951 refers to the Manual for Courts Martial. Sec 6(a) App 2B is just referencing a change to the MCM 1951, for clarity.

What must have happened here is that there was a conviction under court martial and there was a sentence of confinement. That 232 lost days either comprises the entirety of the confinement issued by the court martial or part of those days were spent absent without leave (AWOL). So, perhaps a person was AWOL for 132 days and then after coming back was sentenced by court martial to 100 days confinement. I cannot discern from the provided information which it is, but certainly 232 days were "lost time" and at least some of them related to confinement following a court martial.

Blood group may be a reference to his blood type. There is no other legal reference that it could be.

Excess leave simply means that at the date of his separation, he had 10 days remaining in his leave bank which he would have either taken as terminal leave or sold back to the military.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 years ago
I am unaware of any AWOL or confinement. Could it be related to injury? He was shot in the chest when he returned to the states by a fellow soldier and was hospitalized for a long period of time. He was honorably discharged.
Customer reply replied 2 years ago
How can I find out exactly what those lost days were for?
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

No, it would not be related to an injury. There would be reason to reference the Manual for Court Martial from 1951 if it were an injury.

It may be that things were later corrected in his record, but that reference is to either AWOL or a court martial conviction or both.

You can make a request for his records from the national archives, but you really need to send in a Freedom of Information Act request because these sorts of records are only accessible in that way.

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Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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