RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 February 2007
	DOCKET NUMBER:  AR20060011413 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Ms. Barbara Ellis

Chairperson

Ms. Linda Simmons

Member

Mr. Michael Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he served 2 years, 1 month, and 12 days.

2.  The applicant states that he served from 15 January 2002 until 3 February 2004 for a total of 2 years, 1 month, and 12 days.  He contends that it must have been a typographical error.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 15 January 2002 for a period of 3 years.  He trained as an infantryman.  On 3 February 2004, he was discharged under honorable conditions for misconduct (due to being absent without leave (AWOL) from 
5 January 2003 to 7 December 2003 (total of 11 months and 2 days)). 

2.  Item 12a (Date entered AD [Active Duty] This Period) on his DD Form 214 shows the entry, “2002 01 15.”  Item 12b (Separation Date This Period) on his DD Form 214 shows the entry, “2004 02 03.”  Item 12c on his DD Form 214 shows that he completed 1 year, 1 month, and 12 days.  Item 29 (Dates of Time Lost During This Period) on his DD Form 214 shows the entry, “UNDER 10 USC [U.S. Code] 972:  20030105-20031207.” 

3.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it states that lost time will be subtracted from Net Active Service This Period (item 12c) if the lost time was not “made good.”  It states that lost time under 10 USC 972 is not creditable service for pay, retirement, or veteran’s benefits.  It also states that, for enlisted Soldiers, show inclusive periods of time lost to be made good under 10 USC 972. 

DISCUSSION AND CONCLUSIONS:

Although the applicant contends that he served from 15 January 2002 until 
3 February 2004, evidence of record shows he was AWOL from 5 January 2003 to 7 December 2003.  Since the applicant was discharged on 3 February 2004, his lost time was not “made good.”  Therefore, the applicant’s lost time was subtracted from item 12c on his DD Form 214, in accordance with the governing regulation, and there is no basis for granting his request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

BE______  _LS____  _MF____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 of the records of the individual concerned.




__Barbara Ellis_______
          CHAIRPERSON




INDEX

CASE ID
AR20060011413
SUFFIX

RECON

DATE BOARDED
20070201
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.