RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060003606


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla J.N.Troup               |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John G. Heck                  |     |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, correction of his discharge document
to show that he completed a total of 2 years, 11 months, and 29 days of
active service.

2.  The applicant states, in effect, that the net active service that is
shown on his discharge document should read 1 year, 3 months, and 17 days
and the total prior active service should read 1 year, 8 months, and 12
days.

3.  The applicant provides a Veterans Service Agency, Cattaraugus County,
Olean, New York, letter, dated 28 February 2006; DD Form 214 (Certificate
of Release or Discharge from Active Duty), with an effective date of 26
March 2004; and DA Form 1506 (Statement of Service - For Computation of
Length of Service for Pay Purposes), dated 4 February 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the
U.S. Army Reserve (USAR) for a period of 8 years on 14 January 2000 and
entered active duty in the Regular Army (RA) on 24 February 2000.  Upon
completion of basic combat training and advanced individual training, the
applicant was awarded military occupational specialty (MOS) 12B (Combat
Engineer).

2.  The applicant's military service records contain a DD Form 553
(Deserter/ Absentee Wanted by the Armed Forces), dated 9 January 2002, and
two
DA Forms 4187 (Personnel Action), dated 8 January 2002 and 11 January 2002.
These documents show, in pertinent part, that on or about 6 November 2001
the applicant absented himself from his unit (i.e., Company A, 299th
Engineer Battalion, Fort Hood, Texas) without leave and remained absent
without leave until 6 December 2001, at which time he was dropped from the
rolls of the organization.

3.  The applicant's military service records contain a DD Form 616 (Report
of Return of Absentee), dated 5 December 2002.  This document shows, in
pertinent part, that on 5 December 2002 the applicant was apprehended by
civil authorities and returned to military control.

4.  The applicant's military service records contain a copy of
Headquarters,
III Corps and Fort Hood, Fort Hood, Texas, Orders 043-0238, dated 12
February 2004, which show, in pertinent part, that the applicant was
assigned to the U.S. Army Transition Center, Fort Hood, Texas, for
transition processing and release from active duty on 26 March 2004.

5.  The applicant’s military service records contain a DD Form 214, with an
effective date of 26 March 2004.  This document shows that the applicant
was released from active duty for completion of required active service,
his character of service was honorable, and that he was transferred to an
Army National Guard unit.  This document also shows, in pertinent part, in
Item 12 (Record of Service), Block a (Date Entered Active Duty (AD) This
Period) the entry "2001 10 29"; Block b (Separation Date This Period)
contains the entry "2004 03 26"; Block c (Net Active Service This Period)
contains the entry "0001 03 20"; Block d (Total Prior Active Service)
contains the entry "0000 00 00"; and Block e (Total Prior Inactive Service)
contains the entry "0000 00 00".  Item 18 (Remarks) of the
DD Form 214 contains, in pertinent part, the entry "BLOCK 6, PERIOD OF
DELAYED ENTRY PROGRAM:  20000114-20000223//MEMBER HAS COMPLETED FIRST FULL
TERM OF SERVICE//NOTHING FOLLOWS."  Item 29 (Dates of Time Lost During This
Period) contains the entry "UNDER 10 USC 972:  20011106-20011206; 20011207-
20021208."

6.  In support of his application, the applicant provides a letter from the
Veterans Service Agency (VSA), his DD Form 214, and a DA Form 1506.  The
letter from the VSA requests that the applicant's DD Form 214 be corrected
to show that he completed a minimum of 24 months of honorable active
service in order to substantiate that the applicant qualifies for health
care at Veterans Administration Medical Centers.  The DD Form 1506 provides
a summary of the applicant's service and shows, in pertinent part, that he
had active service from 24 February 2000 to 5 November 2001 for a total of
1 year, 8 months, and 12 days; was in an absent without leave/dropped from
the rolls (AWOL/DFR) status from
6 November 2001 to 8 December 2002 for a total of 398 days or 1 year, 1
month, and 3 days; and that he had active service from 9 December 2002
until the date of completion of the document on 4 February 2003.  This
document also shows that the applicant's service dates were adjusted, as
follows:  Pay Entry Basic Date (PEBD):  19 March 2001; Basic Active Service
Date (BASD):  27 March 2001; and Expiration of Term of Service (ETS):  26
March 2004.  This document further shows that it was signed in Item 9
(Authentication) by a sergeant first class for the warrant officer serving
as Chief, Personnel Management, Detachment B, 502nd Personnel Services
Battalion, Fort Hood, Texas.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief, or any other document authorized for
filing in the Official Military Personnel File (OMPF).

8.  Paragraph 2-4 (Completing the DD Form 214) of the separation documents
regulation contains item-by-item instructions for completing the DD Form
214.  The instructions for completing Item 12 (Record of Service) state to
use extreme care in preparing this block since post-service benefits, final
pay, retirement credit, and so forth are based on this information.  The
instructions for Block 12a (Date Entered AD This Period) state to enter the
beginning date of the continuous period of AD for issuance of this DD Form
214, for which a DD Form 214 was not previously issued; and for Block 12b
(Separation Date This Period) to enter the Soldier's transition date.  (The
instructions note that this date may not be the contractual date if the
Soldier is separated early, voluntarily extends, or is extended for make up
of lost time, or retained on active duty for the convenience of the
Government.)  The instructions for Block 12c (Net Active Service This
Period) state that the amount of service for this period is computed by
subtracting Item 12a from Item 12b.  It also notes that lost time under
Title 10, United States Code, section 972 (10 USC 972), and non-creditable
time after ETS, if any, are deducted.  The instructions for Block 12d
(Total Prior Active Service) state that from previously issued DD Forms
214, enter the total amount of prior active military service less lost
time, if any.  If not applicable, enter "00 00 00."  The instructions for
Block 12e (Total Prior Inactive Service) state that from previously issued
DD Forms 214 and/or ERB/ORB, enter the total amount of prior inactive
service, less lost time, if any.  Also, Delayed Entry Program (DEP) time
that began on or after 1 Jan 85 is not creditable service for pay purposes
and will not be entered in this block.  However, it is creditable service
for completing the statutory MSO, and will be entered in Item 18.

9.  Army Regulation 635-5, paragraph 2-4, also instructs that for Item 29
(Dates of Time Lost During This Period) to verify that time lost, as
indicated by Defense Finance and Accounting Service agencies, has been
subtracted from Net Active Service This Period (Block 12c), if the lost
time was not "made good" (emphasis added).  If the ETS was adjusted as a
result of lost time and the Soldier served until ETS, the lost time was
"made good."  Lost time under 10 USC 972 is not creditable service for pay,
retirement, or veteran's benefits.  However, the Army preserves a record
(even after time is made up) to explain which service between date of entry
on active duty (Block 12a) and separation date (Block 12b) is creditable
service.  Time lost after ETS is non-chargeable time under 10 USC 972, but
it must also be reported to ensure it is not counted in computation of
total creditable service for benefits.  For enlisted Soldiers, show
inclusive periods of time lost to be made good under 10 USC 972 and period
of non-chargeable time after ETS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should
be corrected to show in Item 12c that he completed 1 year, 3 months, and 17
days net active service (this period) and in Item 12d that he completed 1
year,
8 months, and 12 days total prior active service.  However, the applicant
provides insufficient evidence in support of his claim.

2.  The evidence of record fails to show that the applicant had active
service prior to the period under review.  Therefore, he is not entitled to
correction of Item 12d (Total Prior Active Service) of his DD Form 214.

3.  The evidence of record shows that the applicant entered the RA on
active duty on 24 February 2000 and was separated from active duty on 26
March 2004.  The evidence of record also shows that, during this period,
the applicant had 1 year, 1 month, and 3 days of lost time that is not
creditable service for pay, retirement, or veteran's benefits.  The
evidence of record further shows that the applicant's ETS was adjusted from
23 February 2003 to 26 March 2004 as a result of the lost time and that the
applicant served until the adjusted ETS; consequently, the lost time was
"made good" by the applicant.  Therefore, the applicant is entitled to
correction of his discharge document to show that the date he entered
active duty this period was 24 February 2000 and that he completed
3 years net active service during this period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MJNT_  ___RR __  __JGH __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing the following corrections to the
applicant's DD Form 214:

      a.  Item 12a.  Date Entered Active Duty This Period
                 Delete:  "2001  10  29"
                 Add:     "2000  02  24"

      b.  Item 12c.  Net Active Service This Period
                 Delete:  "0001  03  20"
                 Add:     "0003  00  00"

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of the applicant's total prior active service.




                                  ____  Marla J.N.Troup  _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003606                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20040326                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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