PROCEEDINGS


        
         IN THE CASE OF:
        


         BOARD DATE: 9 July 2002
         DOCKET NUMBER: AR2002067564


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Roger W. Able		Member
Mr. Thomas B. Redfern		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge) be corrected to show the entry “01 01 19” (1 year, 1 month, 19 days) instead of the entry “00 10 01” (10 months, 1 day).

3. The applicant states, in effect, that he completed 1 year and 49 days of creditable service and is presently homeless. He was informed by the Department of Veterans Affairs (DVA) that he completed 10 months of creditable service and that he had 3 months of lost time due to confinement at Fort Riley, Kansas Retraining Brigade. He also states that his net active service prevents him from obtaining Veterans Administration (VA) benefits and enrollment in the VA Homeless Program. His DA Form 4187 (Personnel Action) shows that he was confined in the hand of civilian authorities for 10 days; however, this form is unsigned. His DA Form 2-1 (Personnel Qualification Record – Part II), item 21 (Time Lost), shows 99 days of lost time, which is in error, due to his reassignment to Fort Riley, Kansas, where he remained on active duty with pay. His DA Form 268 (Report for Suspension of Favorable Personnel Actions) indicates that he was sentenced to 4 months of confinement; however, it does not mention time lost. He further states that a letter was prepared by his commander recommending retention on active duty which was granted by a special court-martial. Documentation was also provided showing that he had motivational problems and that he was not afforded the opportunity to be seen by health care professionals. In support of his application, he submits several documents from his personnel file and a copy of his DD Form 214.

4. The applicant’s military records show he entered active duty (AD) on 31 January 1985, as a supply specialist.

5. The applicant provided a copy of a United States Army Confinement Activity (USACA) Form 106, which shows that the applicant was convicted by a special court-martial on 5 December 1985, of larceny and breaking restriction. His sentence consisted of confinement at hard labor for 4 months (in a non-pay status), a reduction to the pay grade of E-1, and a forfeiture of pay. This form also indicated that the applicant had displayed motivational problems.

6. The facts and circumstances pertaining to the applicant’s release from active duty are not present in the available records. However, his DD Form 214 shows that on 21 March 1986, he was released from active duty under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct-commission of a serious offense. He was furnished a General Discharge Certificate.

7. Item 12c (Net Active Service This Period) of his DD Form 214 shows the entry “00 10 01” (10 months, and 1 day).
8. Item 29 (Dates of Time Lost During This Period) of the applicant’s DD Form 214 shows the entry “850922-851001” (22 September to 1 October 1985, 10 days) and the entry “851121-860227” (21 November 1985 to 27 February 1986,
99 days).

9. Item 21 (Time Lost) of the applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) shows the entry “850922 to 851001 (22 September 1985 to 1 October 1985) 10 days IMPRMT (Imprisonment)” and the entry “851121 to 860227 (21 November 1985 to 27 February 1986) 99 days IMPRMT (imprisonment).”

10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, patterns of misconduct, commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

11. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that item 12c (Net Active Service This Period) will be completed to show the amount of service, computed by subtracting item 12a (Date Entered AD This Period) from 12b (Separation Date This Period), less lost time, if any, and item 29 (Dates of Time Lost During This Period) will be completed to show the inclusive periods of time lost, as well as time lost after normal expiration of term of service (ETS). Lost time is not creditable service for pay, retirement, or Veteran’s benefits.

CONCLUSIONS:

1. The evidence of record shows that item 12c (Net Active Service This Period), which shows the entry “00 10 01” (10 months and 1 day), is computed by subtracting item 12a (Date Entered AD This Period), which shows the entry “85 01 31” (31 January 1985), from item 12b (Separation Date This Period), which shows the entry ”860321” (21 March 1986). However, item 12c of the applicant’s DD Form 214 is incorrect.

2. By calculation, minus the applicant’s lost time of 109 days due to confinement, from the sum of 416 days, the applicant completed 307 days (10 months and 7 days) of creditable service instead of 301 days (10 months and 1 day). Therefore, item 12c (Net Active Service This Period) of the applicant’s DD Form 214 should be corrected to show the entry “00 10 07” (10 months and 7 days) instead of the entry “00 10 01” (10 months and 1 day).

3. The Board notes that the applicant’s contention that item 12c (Net Active Service This Period) of his DD Form 214 should show “1 year and 49 days.”
Based on the foregoing and Board’s recalculation of the applicant’s time in service minus lost time, he is not entitled to correction of his records to show this entry.

4. The Board also notes that the applicant is presently homeless and that his
net active service prevents him from obtaining VA benefits and enrollment in the
VA Homeless Program. While the Board is empathetic, it does not correct military records in order to obtain VA benefits.

5. The Board notes that the applicant displayed motivational problems and was not afforded the opportunity to be seen by health care professionals. However, there is no evidence in the available records, and the applicant has provided no evidence, to show that assistance was not provided to him.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing in 12c (Net Active Service This Period) of the applicant’s DD Form 214 the entry “00 10 07.”

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__jl___ ___ra___ __tr______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann Langston___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067564
SUFFIX
RECON
DATE BOARDED	20020709
TYPE OF DISCHARGE	GD
DATE OF DISCHARGE	19860321
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON
BOARD DECISION	DENY/GRANT
REVIEW AUTHORITY
ISSUES 1. 303
2.
3.
4.
5.
6.