BOARD DATE: 10 September 2009
DOCKET NUMBER: AR20090007797
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 total of his service time be corrected to a full 3 years and 5 months.
2. The applicant states, in effect, that his reenlistment was not taken into consideration when his discharge papers were prepared.
3. In support of his request, the applicant submitted a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a copy of enlistment and reenlistment documents.
CONSIDERATION OF EVIDENCE:
1. The applicant's service record shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 2 June 2005. He was discharged from the DEP on 27 June 2005 and he enlisted in the Regular Army (RA) on 28 June 2005. He was discharged with a general, under honorable conditions discharge in the rank/grade of Private (PV1)/E-1, on 26 November 2008 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 14 (Separations for Misconduct) by reason of misconduct (drug abuse).
2. Item 12a (Date Entered AD [Active Duty] This Period) of the applicant's DD Form 214 shows he entered active duty on 28 June 2005.
3. Item 12b (Separation Date This Period) of the applicant's DD Form 214 shows he was separated on 26 November 2008.
4. Item 12c (Net Active Service This Period) of the applicant's DD Form 214 shows he completed 3 years, 1 month, and 23 days of net active service this period. Item 29 (Dates of Time Lost During This Period) shows he had time lost from 15 July 2008 through 20 October 2008, for a total of 3 months and 6 days.
5. A DA Form 4187 (Personnel Action) on file in the applicant's record shows he departed from his unit in an absent without leave (AWOL) status on 15 July 2008. A second DA Form 4187 on file in the applicant's record shows his status was changed from AWOL to dropped from the rolls (DFR) of the Army on 14 August 2008. A third DA Form 4187 in his record shows his status was changed from DFR to present for duty on 20 October 2008.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The regulation states that item 12c is computed by subtracting item 12a from 12b. Lost time under Title 10, U.S. Code, section 972 and non-creditable time after ETS, if any, are deducted. Such time will be identified in block 29 (Dates of Time Lost During This Period).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the total of his service should be 3 years and
5 months; however, his DD Form 214 clearly shows in Item 29 he had time lost during the period covered by the DD Form 214.
2. The applicant's net active service was calculated by subtracting the correct date of entry this period [28 June 2005] from the separation date this period
[26 November 2008] and further subtracting the amount of time lost which is shown in Item 29 [3 months and 6 days]. The amount of service shown in Item 12c is correct as shown; therefore, there is no basis for granting the applicant's requested relief.
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.
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