IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110001060 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 4 years, 5 months, and 3 days in item 12c (Net Active Service this Period) and 22 days in item 12e (Total Prior Inactive Service). 

2.  The applicant states item 12c does not equal the difference between items 12a and 12b.  He further states that item 12e should show his U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP) time.
 
3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the USAR DEP on 30 August 2005.  He was discharged from the USAR DEP on 21 September 2005 and he enlisted in the Regular Army on 22 September 2005 for a period of 3 years and 24 weeks.  He completed training and he was awarded military occupational specialty 92F (petroleum supply specialist).

2.  A special court-martial convicted him of being absent without leave (AWOL) during the period 17 October 2006 to 30 March 2009 (a period of 2 years, 5 months, and 14 days).  His sentence included 7 months confinement.

3.  His records show his request for early separation was approved resulting in a period of confinement of 10 August 2009 to 5 January 2010 (a period of 4 months and 26 days).

4.  He was discharged from active duty on 25 February 2010 for misconduct (serious offense).  The DD Form 214 he was issued at the time shows he completed 1 year, 6 months, and 24 days of creditable active service.  His DD Form 214 currently shows the following:

	a.  item 12a (Date Entered Active Duty this Period), 2005-09-22;

	b.  item 12b (Separation Date this Period), 2010-02-25;

	c.  item 12c, 0001-06-24;

	d.  item 12e, 0000-00-00;

	e.  item 18 (Remarks), in pertinent part, "Period of Delayed Entry Program:  20050830-20050921", and
   
   f.  item 29 (Dates of Time Lost During this Period), "UNDER 10 USC 972:  20061017-20090330; 20090810-20100105."  

5.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  It states for item 12 (Record of Service) to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It further states for:

	a.  item 12(a), enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued;

   b.  item 12(b), enter the Soldier’s transition date;
   
   c.  item 12(c), enter the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after ETS, if any, are deducted. Such time will be identified in block 18; and
   
   d.  item 12(e), DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory military statutory obligation, and will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered active duty on 22 September 2005 and was discharged on 25 February 2010, a period of 4 years, 5 months, and 4 days.  However, regulatory policy prescribes that any lost time will be deducted.  Deduction of his lost time is shown in the calculations below.

   2010-02-25		ending date (date of discharge) (item 12b)
   - 2005-09-22		date entered active duty (item 12a)
     0004-05-03
   +                 1		provides for inclusive dates
	0004-05-04		total time covered by this DD Form 214

   2009-03-30		AWOL ending date
   - 2006-10-17		AWOL beginning date
     0002-05-13
   +                 1 		provides for inclusive dates
	0002-05-14		period of AWOL

   2010-01-05		confinement ending date
   - 2009-08-10		confinement beginning date
     0000-04-25
   +                 1 		provides for inclusive dates
	0000-04-26		period of confinement

	0002-05-14		period of AWOL
   + 0000-04-26		period of confinement
	0002-10-10		total lost time

	 0004-05-04		total time covered by this DD Form 214
   -  0002-10-10		minus total lost time
	 0001-06-24		net active service this period (item 12c)

2.  Based on the above calculations, he had a total of 2 years, 10 months and 10 days of lost time.  He cannot be credited for service he did not perform.  Therefore, his DD Form 214 correctly shows he completed a total of 1 year, 6 months, and 24 days of creditable active service.

3.  Regulatory policy prescribes that DEP time began on or after 1 Jan 1985 and is not creditable service for pay purposes and will not be entered in item 12e.  It is only to be entered in item 18 as currently shown.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting 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)                                         AR20110001060



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ABCMR Record of Proceedings (cont)                                         AR20110001060



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