IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20080017694
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) have his home of record, net active service this period, days accrued leave, address to where the DD Form 214 was to be sent, and characterization of service be corrected.
2. The applicant states that he served over 7 months, so how can his DD Form 214 show he only served 1 month and 28 days? There is nothing to show he was absent without leave or in some other status where his active duty time wouldn't count.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's interactive Personnel Electronic Records Management System (iPERMS) official military personnel records only contain his DD Form 214 and his Montgomery GI Bill election statement.
2. The applicant's DD Form 214 shows that he entered active duty on 30 September 2005, was not awarded a military occupational specialty (MOS), and was honorably discharged on 22 May 2006 due to failed medical/physical procurement standards. His DD Form 214 shows that he served 1 month and 28 days of net active service this period.
3. The Department of Defense Pay Manual, Table 1-1-2, Rule 8 states that a period of absence is not creditable when the absence is because of confinement for more than one day (24 consecutive hours) while awaiting trial (if the trial results in conviction) or confinement as the result of the court-martial sentence. In addition, Rule 2 of this table states that unauthorized absence of more than 1 day is not creditable service. This precludes any pay and allowances for a period of AWOL of over 1 day. Rule 6 states that inability to perform duty for more than 1 day (24 consecutive hours) because of intemperate use of alcohol or drugs, or disease or injury resulting from misconduct, is not creditable.
DISCUSSION AND CONCLUSIONS:
1. Except for two documents, to include the DD Form 214, the applicant's records are not available. The applicant provided only his DD Form 214. Due to a lack of records, there is insufficient evidence on which to determine whether there is any error or injustice in his DD Form 214.
2. While the applicant would appear to have a good argument concerning the amount of net active duty this period he was credited with serving, there are many reasons why time spent on active duty is not considered creditable. Pay records for the period in question could resolve this issue; however, the applicant provided no pay records or other evidence from the Defense Finance and Accounting Service to verify his creditable service or accrued leave.
3. The applicant's separation packet would be needed to determine if his service was appropriately characterized. His enlistment contract would be needed to verify his home of record. He provides insufficient argument or evidence to show why the address where his DD Form 214 was to be sent is incorrect.
4. In view of the foregoing, there is insufficient evidence in which to grant the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X__ ____X___ 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.
__________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) AR20080017694
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ABCMR Record of Proceedings (cont) AR20080017694
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