IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100023164 


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 correction of item 12c (Net Active Service This Period) of his DD Form 214 for the period ending 4 May 2007 to show he served more than 7 months and 8 days of net active service this period.

2.  The applicant states he entered active duty on 22 February 2004 and he was discharged on 4 May 2007.  This should add up to nearly 3 years of active service.

3.  The applicant provides his DD Form 214 and a letter from the National Personnel Records Center, dated 7 June 2010.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having had prior service in the U.S. Navy and Army National Guard, the applicant enlisted in the U.S. Army Reserve on 13 April 2001 in the rank/grade of specialist (SPC)/E-4 for a period of 6 years.  He held military occupational specialty (MOS) 68W (Health Care Specialist).

3.  On 22 February 2004, he entered active duty (AD) in an Active Guard Reserve (AGR) status.  He was assigned to the 785th Military Police Battalion, Fraser, MI, as a Human Resources sergeant.

4.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, his official records contain a
DD Form 214 for the period ending 4 May 2007 that shows he was discharged from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 14, by reason of misconduct - civil conviction.  This form shows the following in:

* item 12a (Date Entered AD This Period) the entry "2004  02  22"
* item 12b (Separation Date This Period) the entry "2007  05  04"
* item 12c the entry "0000  07  08"
* item 29 (Dates of Time Lost This Period) the entry "Under [Title] 10, USC [U.S. Code], [section] 972:  20040930 - 20070504"

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation states extreme care is used in completing the record of service block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It states for:

	a.  item 12a, 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.

	b.  item 12b, enter the Soldier’s transition date; this date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of time lost, or retained on active duty for the convenience of the Government.

	c.  item 12c, the amount of service this period, computed by subtracting item 12a from 12b.  Time Lost under Title 10, USC, section 972, is deducted.

	d.  item 29, show time lost and subtract it from item 12c if the time lost was not "made good."  Time lost under Title 10, U.S. Code, section 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 (item 12a) and separation date (item 12b) is creditable service.  For enlisted Soldiers, item 29 shows inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972.

DISCUSSION AND CONCLUSIONS:

1.  The complete facts and circumstances surrounding the applicant's discharge are not available for review with this case.  However, his official records show he was discharged by reason of misconduct - civil conviction and he had 2 years, 7 months, and 5 days of time lost, from 30 September 2004 through 4 May 2007. There is no evidence that this time lost was made good.

2.  He entered active duty on 22 February 2004 and he was discharged on 4 May 2007.  The total period covered by this DD Form 214 is 3 years, 2 months, and 13 days.  However, when subtracting his time lost, his net active service this period reduced to 7 months and 8 days, which is correctly shown on his
DD Form 214.

	2007  05  04		Separation date this period
   -	2004  02  22		minus dated entered AD this period
	0003  02  13		equals total active service this period
   -	0002  07  05		minus time lost under Title 10, USC, section 972
	0000  07  08		equals net active service this period

3.  Based on the foregoing, the applicant is not entitled to the 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.
ABCMR Record of Proceedings (cont)                                         AR20100023164



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ABCMR Record of Proceedings (cont)                                         AR20100023164



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