IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20120021936
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 item 12c (Net Active Service This Period) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he completed 16 years, 5 months, and 2 days of active service.
2. He states he was in civilian confinement from 20 March through 29 April 2009 when he was released on bond. He adds he reported to duty until he was sentenced on 28 January 2010. He believes his unit failed to submit a DA Form 4187 (Personnel Action) returning him to duty.
3. The applicant provides a self-authored statement and a Georgia Department of Corrections Sentence Computation Report, dated 17 March 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army 15 July 1993.
2. A DA Form 4187, dated 23 March 2009, shows the applicant's duty status was changed from present for duty to civilian confinement effective 20 March 2009.
3. His record is void of a DA Form 4187 or any evidence that shows his duty status was changed from civilian confinement to present for duty.
4. A DD Form 2708 (Receipt for Inmate or Detained Person), dated 29 April 2009, shows the applicant was released to a lieutenant assigned to Headquarters and Headquarters Company (HHC), 67th Signal Battalion, Fort Gordon, GA on this date.
5. A Noncommissioned Officer Evaluation Report for the period 26 December 2008 through 25 December 2009, in the applicant's Army Military Human Resource Record (AMHRR), shows he was rated for 12 months while assigned to HHC, 67th Signal Battalion, Fort Gordon, GA, with duties as the Senior Food Operations Sergeant.
6. On 30 November 2009, he pled guilty to child molestation and on 28 January 2010, he was sentenced to 10 years in confinement.
7. On or about 1 March 2010, the unit commander notified the applicant he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14, conviction by civil court.
8. On 2 March 2010, the applicant requested consideration of his case by an administrative separation board which was accomplished on 10 June 2010. The applicant was absent from the board proceedings due to being confined in the state of Georgia. The board recommended he be discharged under other than honorable conditions.
9. On 10 August 2010, the separation authority approved the findings and recommendation of the administrative board and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 14 with an under other than honorable conditions discharge.
10. His DD Form 214 shows he was discharged on 25 August 2010 under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct, civil conviction. This form shows in item 12c "15 08 05." It also show in item 29 (Dates of Time Lost During this Period) "20090320 - 20100825."
11. The applicant provided a Georgia Department of Corrections Sentence Computation Report that shows he was sentenced on 28 January 2010. His "Sentence Adjustments" were listed as jail credit from 20 March to 29 April 2009 which is a total of 41 days.
12. Army Regulation 635-5 (Separation Documents) establishes standardized procedures for preparation and distribution of the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 12c requires the preparer to 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 expiration term of service, if any, are deducted.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's duty status was changed from present for duty to civilian confinement on 20 March 2009. However, he was released from civilian confinement and reassigned to his unit as verified by a
DD Form 2708, dated 29 April 2009.
2. The evidence further shows he was rated for 12 months while assigned to his unit as a senior food operations sergeant which indicates his duty status should have been changed from civilian confinement to present for duty effective on the date of release (29 April 2009). The period from the date of his confinement
(20 March 2009) to the date of release (29 April 2009) equals 40 days of lost time.
3. On 28 January 2010, he was sentenced and remained incarcerated during his administrative separation board and subsequent discharge on 25 August 2010. The period of his sentencing and subsequent discharge date equals 6 months and 29 days.
4. Therefore, he is entitled to correction of his DD Form 214 to show he had two periods of lost time totaling 8 months and 9 days. Subtracting this period from his total service (17 years, 1 month, and 11 days) confirms his net active service equals 16 years, 5 months, and 3 days.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 12c of his DD Form 214 the entry "15 08 05" and adding the entry "16 05 03"; and
b. deleting from item 29 of his DD Form 214 the entry of "20090320 - 20100825" and adding the entries "20090320 - 20090428" and "20100128 - 20100825."
_______ _ __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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