IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011544
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) be corrected to show in block 12c that he completed 2 years and 9 months of net active service.
2. The applicant states that his DD Form 214 is in error because if you add the total time served you will not get a net active service total of 1 year, 1 month and 9 days. He continues by stating that he served 2 years and 9 months as indicated in block 11.
3. The applicant provides a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 11 August 1999 for a period of 4 years, training as an infantryman, assignment to Fort Campbell, Kentucky and a $10,000 enlistment bonus. He completed his one-station unit training and was transferred to Fort Campbell.
3. On 16 July 2000, after serving 11 months and 5 days of active service, he went absent without leave (AWOL). He remained absent in desertion until he was returned to military control on 16 August 2002 after being AWOL for 2 years and 1 month.
4. On 30 October 2002, after being returned to active duty for 2 months and 15 days, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12C, for misconduct.
5. His DD Form 214 issued at the time of discharge shows that he served 1 year, 1 month and 9 days of net active service.
6. The Department of Defense (DOD) Pay Regulation, Volume 7A (Active Duty ands Reserve Pay), chapter 1, provides a list of service that is creditable and service that it not creditable. It provides, in pertinent part, that time spent in an AWOL status is not creditable for pay or service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his net active service on his DD Form 214 is incorrect has been noted and found to have partial merit.
2. The applicant served 11 months and 5 days of active service before he went AWOL and 2 months and 15 days of active service after his period of AWOL, which totals 1 year, 1 month and 19 days of net active service. Accordingly, his DD Form 214 should be corrected to reflect that service.
3. The applicants contention that he served 2 years and 9 months of active service because it is depicted in block 11 has been noted and found to lack merit. He held the military occupational specialty (MOS) of 11B1O for a period of 2 years and 9 months; however, that has no correlation to the amount of creditable service.
4. The applicant was AWOL for a period of 2 years and 1 month, which is not creditable service and is subtracted from his total period of service. Accordingly, he is not entitled to credit for 2 years and 9 months of net active service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ _____x__ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry 0001 01 09 from block 11c of his DD Form 214
* Entering the entry 0001 01 19 in block 11c of his DD Form 214
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to granting him 2 years and 9 months of net active service .
_______ _ _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) AR20110011544
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ABCMR Record of Proceedings (cont) AR20110011544
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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