IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001056
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 that he is credited with 78 months of service instead of 15 months and his deployment history.
2. The applicant states that his deployment history is not reflected on his DD Form 214. Additionally, he enlisted for 78 months and his DD Form 214 only shows 15 months of service credit.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 October 2009 for a period of 6 years and 21 weeks, training as an infantryman and a $10,000 cash enlistment bonus. He completed his one-station unit training and airborne training at Fort Benning, Georgia and was transferred to Fort Knox, Kentucky for his first and only duty assignment.
2. On 11 January 2011, nonjudicial punishment was imposed against him for four specifications of failure to repair.
3. On 4 March 2011, he was convicted by a summary court-martial of six specifications of failure to repair and two specifications of being absent without leave (AWOL).
4. On 22 March 2011, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12B, due to a pattern of misconduct. He had served 1 year, 5 months, and 18 days of active service.
5. A review of his official records failed to show any evidence that he ever deployed from Fort Knox. A review of his separation proceedings indicates in a statement made by the applicant that his repeated misconduct was the result of his not being allowed to deploy down range.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exists in official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicantÂ’s contentions have been noted and appear to lack merit. The applicant has failed to show through the evidence of record that he ever deployed while on active duty and absent evidence to show otherwise, there appears to be no basis to add a deployment to his DD Form 214.
2. His DD Form 214 properly reflects the date he entered active duty and the date he was discharged. Likewise, it properly reflects that he served 1 year, 5Â months, and 18 days of active service. Accordingly, he is not entitled to service credit that he did not perform.
3. Therefore, absent evidence to the contrary, there appears to be no basis to grant his 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) AR20120001056
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ABCMR Record of Proceedings (cont) AR20120001056
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