IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080003172 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the entry in Item 29 (Dates of Time Lost During This Period) of his 3 June 2005 separation document (DD Form 214) be corrected to show no lost time.   

2.  The applicant states, in effect, Item 29 of his DD Form 214 contains an entry that indicates he accrued lost time from 28 October 2002 through 3 June 2005; however, he was never where he was not supposed to be while serving on active duty, and his personnel records will show that he did not have any lost time.  

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

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and entered active duty on 4 June 2002.  He was trained in and awarded military occupational specialty (MOS) 13M (Multiple Launch Rocket System (MLRS) Crewmember).  

2.  The applicant's record shows that he served in Iraq from 27 April 2003 through 10 July 2004.  It also contains orders that awarded him the Army Good Conduct Medal (AGCM) for his qualifying period of honorable active duty service from 4 June 2002 through 3 June 2005.  

3.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he ever accrued any lost time during his active duty tenure.  His record also confirms that he earned the following awards during his active duty tenure:  Purple Heart; Army Commendation Medal; Army Achievement Medal; Presidential Unit Citation; AGCM; National Defense Service Medal; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Army Service Ribbon; and Overseas Service Ribbon.  

4.  On 3 June 2006, the applicant was honorably released from active duty (REFRAD) under the provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active service.  The DD Form 214 he was issued contains an entry in Item 18 (Remarks) that confirms he served in Iraq from 27 April 2003 through 10 July 2004.  It also contains an entry verifying that he completed his first full term of service.  Item 12c (Net Service This Period) contains the entry "0000  04  10," which indicates he only completed 4 months and 10 days of creditable active military service, and Item 29 shows that he accrued time lost between 28 October 2002 and 3 June 2005.  

5.  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.  The instructions for Item 29 state to enter verified periods of time lost.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the entry in Item 29 of his DD Form 214 is incorrect was carefully considered and found to have merit.  The applicant's OMPF is void of any documents or orders that indicate the applicant was ever in time lost status.  Further, his record confirms he was serving in Iraq for more than a year of the period identified in Item 29 as time lost, and that he was awarded the AGCM for his qualifying period of honorable active duty service between 4 June 2002 through 3 June 2005, which also overlaps the period of time lost entered in Item 29.  

2.  Further, an entry in Item 18 of the applicant's DD Form 214 confirms he completed his first full term of service.  The time lost entry in Item 29 and the net active service entry in Item 12c are inconsistent with other record entries and are not supported by documentation in his OMPF.  As a result, it is clear the entries in Item 12c and Item 29 are in error.  Therefore, it would be appropriate to amend his DD Form 214 by deleting the current entry in Item 12c and replacing it with the entry "0003  00  00"; and by deleting the current entry in Item 29 and replacing it with the entry "None."
BOARD VOTE:

___x____  ___x____  ___x  ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 3 June 2005 DD Form 214 by deleting the current entry in Item 12c and replacing it with the entry "0003  00  00"; deleting the current entry in Item 29 and replacing it with the entry "None"; and providing him a correction to his separation document that includes these changes.




      ________x_______________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003172



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ABCMR Record of Proceedings (cont)                                         AR20080003172



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