RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20060017646 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Joe Schroeder

Member

Mr. Chester Damian

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, in effect, that item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the entry, “MEMBER COMPLETED FIRST FULL TERM OF SERVICE” instead of “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE.”  

2.  The applicant states that he did complete three years of service, which was the term of his enlistment.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom. 

2.  The applicant enlisted on 5 August 2003 for a period of 3 years.  He trained as a field artillery surveyor.   

3.  Records show the applicant went absent without leave (AWOL) on 3 January 2005 and returned to military control on 6 January 2005.  He missed his initial movement to Iraq on 6 January 2005 and went AWOL again on 7 January 2005. He returned to military control on 24 January 2005.

4.  On 3 August 2006, the applicant was discharged with a general discharge under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct.  

5.  Item 12c (Net Active Service This Period) on the applicant’s DD Form 214 shows he completed 2 years, 11 months, and 9 days of creditable active service. Item 18 on his DD Form 214 shows the entry, “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE.”  Item 29 (Dates of Time Lost During This Period) on his DD Form 214 shows the entry, “UNDER 10 USC [U.S. Code] 972:  20050103-20050105; 20050107-20050123.”

6.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states, in pertinent part, that the mandatory entry:  “SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE” will be entered in item 18 on the DD Form 214.  The regulation states that a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service.

7.  Army Regulation 635-5 also states, in pertinent part, 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:

The evidence of record does not support the applicant’s contention that he completed three years of service.  Evidence of record shows he was AWOL for 20 days and he completed of 2 years, 11 months, and 9 days of his three-year enlistment.  His lost time was not “made good” and was subtracted from item 12c on his DD Form 214, in accordance with the governing regulation.  Therefore, there is no basis for granting the applicant’s request to amend item 18 on his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

LS______  __JS___  __CD____  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.


_Linda Simmons__________
          CHAIRPERSON




INDEX

CASE ID
AR20060017646
SUFFIX

RECON

DATE BOARDED
20070605
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.