SUPPLEMENTAL RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2008
	DOCKET NUMBER:  AR20080004521 


	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated    14 December 2006 affirmed.  The following additional findings, conclusions, and recommendations were adopted by the Board.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 14 December 2006.


Ms. Carmen Duncan

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

Member

	The Board considered the following additional evidence:

	Exhibit C – (show the identifying data for the original Record of Proceedings)












CONSIDERATION OF ADDITIONAL EVIDENCE:

26.  On 14 March 2008, new information was received from the Defense Finance and Accounting Service (DFAS) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060006984, dated 14 December 2006.

27.  DFAS questioned the accuracy of the service computations that determined the applicant completed 4 years, 1 month, and 16 days of creditable active service.  

     a.  Paragraph 4 of the DISCUSSION AND CONCLUSIONS section noted  that the applicant (after enlisting on 20 July 1982) was absent without leave (AWOL) from 4 November 1983 through 5 December 1983 (32 days) and from 19 December 1983 through 18 March 1984 (90 days).  He departed AWOL again on 20 March 1984 and did not return.  Paragraph 4 also noted that he served      1 year and 11 days of creditable active service this period.  However, he actually completed 1 year, 3 months, and 28 days of creditable active service that period:

 83 11 03  day prior to AWOL of 4 November 1983
-82 07 20  date of first accepted enlistment
=  1  3 13   
+           1    day inclusive
=  1  3 14    creditable service

 83 12 18        day prior to AWOL of 19 December 1983
-83 12 06       day returned from 4 November 1983 AWOL
=         12
+            1       day inclusive
=          13       creditable service

Departed AWOL 19 December 1983 through 18 March 1984, departed again 20 March 1984, 1 day of service (i.e., on 19 March 1984).

 1  3 14
+      13
          1
=1  3  28    creditable service during his first accepted enlistment

     b.  Paragraph 5 of the DISCUSSION AND CONCLUSIONS section noted that the applicant subsequently, and fraudulently, enlisted in the Army on 14 March 

1989 under the name Erick L___ and went AWOL on 13 September 1989.  Paragraph 5 also noted he served 5 months and 29 days of creditable active service this period.  This computation was correct.

     c.  Paragraph 6 of the DISCUSSION AND CONCLUSIONS section noted that the applicant subsequently, and fraudulently, enlisted in the Army on 3 April 1990 under the name Philip C___ and went AWOL on 17 May 1990.  Paragraph           6 also noted he served 1 month and 4 days of creditable active service this period.  However, he actually completed 1 month and 14 days of creditable active service that period:

	 90 05 16       day prior to AWOL of 17 May 1990
-90 04 03       date of third accepted enlistment
=      1 13
+           1        day inclusive
=      1 14         creditable service

     d.  Paragraph 7 of the DISCUSSION AND CONCLUSIONS section noted that the applicant subsequently, and fraudulently, enlisted in the Army on 15 August 1990 under the name Thomas L___ and went AWOL on 27 March 1991.  Paragraph 7 also noted he served 7 months and 12 days of creditable active service this period.  This computation was correct.

     e.  Paragraph 8 of the DISCUSSION AND CONCLUSIONS section noted that the applicant subsequently, and fraudulently, enlisted in the Army on 6 January 1994 under the name David P___ and went AWOL on 26 November 1996.  Paragraph 8 also noted he served 1 year, 10 months, and 20 days of creditable active service this period.  However, he actually completed 2 years, 10 months, and 20 days of creditable active service this period:

 96 11 25         day prior to AWOL of 26 November 1996
-94 01 06        date of fifth accepted enlistment
= 2 10 19
+           1         day inclusive
= 2 10 20         creditable service

     f.  Paragraph 9 of the DISCUSSION AND CONCLUSIONS section noted that the applicant served a total of 4 years, 1 month, and 16 days of creditable active service during his several enlistments.  However, he actually completed 5 years, 

5 months, and 13 days of creditable active service during his several enlistments:

  1  3   28
+    5   29
+    1   14
+    7   12
+2 10   20
  3 26 103
  3 29 13
=5  5  13   total creditable service

     g.  Paragraph 22 of the DISCUSSION AND CONCLUSIONS section noted, in pertinent part, that the applicant’s DD Form 214 should reflect that he completed 4 years, 1 month, and 16 days of creditable active service.  Paragraph 23 noted, in pertinent part, that unless the applicant could confirm his civilian confinement status and what the disposition of his civilian case was his DD Form 214 should reflect that he completed 4 years, 1 month, and 16 days of creditable active service.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

27.  At the time of the decision of the ABCMR in Docket Number AR20060006984, dated 14 December 2006, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

28  The ABCMR's decision in Docket Number AR20060006984, dated               14 December 2006, erroneously computed the creditable active service it recommended granting the applicant to be 4 years, 1 month, and 16 days whereas it should have been computed to be 5 years, 5 months, and 13 days.

29.  Based upon the correct computations, ABCMR Docket Number AR20060006984, dated 14 December 2006, should be amended:

     a.  in paragraph 4 of the DISCUSSION AND CONCLUSIONS section to note that the applicant completed 1 year, 3 months, and 28 days of creditable active service that period;

     b.  in paragraph 6 of the DISCUSSION AND CONCLUSIONS section to note that the applicant completed 1 month and 14 days of creditable active service that period;

     c.  in paragraph 8 of the DISCUSSION AND CONCLUSIONS section to note that the applicant completed 2 years, 10 months, and 20 days of creditable active service that period:

     d.  in paragraph 9 of the DISCUSSION AND CONCLUSIONS section to note that the applicant served a total of 5 years, 5 months, and 13 days of creditable active service during his several enlistments; 
     
     e.  in paragraph 22 of the DISCUSSION AND CONCLUSIONS section to note, in pertinent part, that the applicant’s DD Form 214 should reflect that he completed 5 years, 5 months, and 13 days of creditable active service; and  

     f.  in paragraph 23 of the DISCUSSION AND CONCLUSIONS section to note, in pertinent part, that unless the applicant could confirm his civilian confinement status and what the disposition of his civilian case was his DD Form 214 should reflect that he completed 5 years, 5 months, and 13 days of creditable active service.

BOARD VOTE:

__cd____  __lmd___  __jcr___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

3.  The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20060006984, dated 14 December 2006, to correct paragraph 1a of the BOARD DETERMINATION/RECOMMENDATION,  in pertinent part, to show that the applicant completed 5 years, 5 months, and    13 days of creditable active service.




___Carmen Duncan______
          CHAIRPERSON