RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040010071


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 his Certificate of Release or Discharge (DD
Form 214) be corrected to show that he completed 2 years and 3 months of
net active service.

2.  The applicant states, in effect, that his DD Form 214 erroneously
reflects that he had 1 year, 3 months and 7 days of net active service.

3.  The applicant provides no additional information in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 26 September 2001, he enlisted in the Army in Richmond, Virginia,
for 3 years, in the pay grade of E-1.  He successfully completed his
training as an infantryman.

2.  Nonjudicial punishment (NJP) was imposed against the applicant on
1 August 2002 for being absent without leave (AWOL) from 18 July until 19
July 2002; for being AWOL from 20 July until 26 July 2002; and for being
disrespectful in language toward a senior noncommissioned officer on 19
July 2002.  His punishment consisted of restriction and extra duty.  His
records show that when he was apprehended on 19 July 2002, he was placed in
pretrial confinement.

3.  On 31 October 2002, the applicant provided a urine specimen for drug
testing. The testing was conducted at the Tripler Army Medical Center,
Forensic Toxicology Drug Testing Laboratory and the results of his
urinalysis were positive for marijuana metabolites.

4.  The applicant went AWOL on 1 November 2002 and the remained absent
until he was apprehended by civil authorities on 17 November 2002.

5.  The available records show that he AWOL again 10 December 2002 and he
remained absent in desertion until 12 June 2003.

6.  On 9 July 2003, the applicant was notified that he was being
recommended for discharge under the provisions of Army Regulation 635-200,
chapter 14, based on misconduct.  He acknowledged receipt of the
notification on 15 July 2003.  After consulting with counsel, he submitted
a conditional waiver of his rights contingent upon his not having any
offenses referred against him to a court-martial.

7.  The appropriate authority approved the recommendation for discharge on
31 July 2003.  Accordingly, on 7 August 2003, the applicant was discharged,
under other than honorable conditions, under the provisions of Army
Regulation 635-200, chapter 14-12C(2), as a result of misconduct, based on
abuse of illegal drugs.  He had completed 1 year, 3 months and 18 days of
net active service and he had approximately 202 days of lost time due to
AWOL and confinement.

8.  The Department of Defense Military Pay and Allowances Entitlements
Manual provides the criteria for creditable and non-creditable service.  It
provides, in pertinent part, that an unauthorized absence of more than 1
day (24 consecutive hours) that is not administratively excused as
unavoidable, is not creditable service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had three separate incidents of AWOL while he was in the
Army.  He also was placed in pretrial confinement once when he was
apprehended during one of his AWOL incidents.  The lost time currently
reflected on his DD Form 214 amounts to approximately 202 days and in
accordance with the Department of Defense Military Pay and Allowances
Entitlements Manual, his unexcused absences are not creditable service.

2.  Although he entered the Army on 26 September 2001 and was not
discharged until 7 August 2003; he did not serve while he was AWOL.
Therefore, it would be unfair to credit him with service he did not
perform.

3.  His DD Form 214 fails to show his lost time for the period covering 20
July 2002 until 26 July 2002.  However, the Board will not amend his DD
Form 214 to add additional lost time.  It is not the policy of this Board
to make an applicant worse off than what he was prior to submitting an
application.

4.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the
applicant’s request.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __jtm___  __jbg___  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.




                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010071                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/DISCHARGE DOCUMENT             |
|2.  260                 |123.0000/LOST TIME                      |
|3.  261                 |123.0100/AWOL                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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