IN THE CASE OF:	  

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000363 


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:

* he completed his first full term of service
* he served in military occupational specialty (MOS) 19D (Cavalry Scout) for 6 years and 2 months vice 3 years and 1 month

2.  The applicant states he did complete his first full term of service.  While serving in Iraq, he reenlisted and started another term of service.  He believes his DD Form 214 should show he served as a 19D for 6 years and 2 months as indicated in his record.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 13 October 2005 and he was discharged from the DEP on 2 November 2005.

2.  He enlisted in the Regular Army on 3 November 2005 for a period of 4 years and 20 weeks.  His expiration of term of service (ETS) was 24 March 2010.  He completed basic training (BT) and advanced individual training (AIT) and he was awarded MOS 19D.  He was assigned to the 3rd Squadron, 7th Cavalry Regiment, Fort Stewart, GA, on 11 May 2006 in MOS 19D.
3.  He served in Iraq with his assigned unit from 18 March 2007 to 30 June 2008.  

4.  On 18 October 2008, he was reported as absent without leave (AWOL) from his assigned unit and on 17 November 2008 he was dropped from the rolls as a deserter. 

5.  On 2 January 2009, he was arrested by civilian authorities and confined in LaSalle County Jail, Cotulla, TX.  He was returned to military control at Fort Sam Houston, TX, and subsequently returned to Fort Stewart, GA. 

6.  On 1 June 2009, he pled guilty to and was convicted by a general court-martial of one specification each of:

* being AWOL from 18 October 2008 to 2 January 2009
* failing to report to his appointed place of duty on two separate occasions
* failing to obey a lawful order
* wrongfully possessing about 1 pound of marijuana with intent to distribute
* being incapacitated by intoxicating liquor or drugs on divers occasions between 23 January and 2 February 2009 for the proper performance of his duties
* wrongfully using marijuana at or near Fort Stewart on or about 25 December 2008 and 24 January 2009 

7.  He was sentenced to 18 months in confinement and a bad conduct discharge. His sentence was adjudged on 1 June 2009.  

8.  On 7 April 2010, the general court-martial convening authority approved only so much of his sentence that provided for 17 months in confinement and the bad conduct discharge and, except for the bad conduct discharge, ordered the sentence executed.  The applicant was credited with 125 days in confinement against his sentence.  The record of trial was forwarded to The Judge Advocate General of the Army for appellate review.

9.  He was subsequently confined at the Personnel Control Facility, Fort Sill, OK.  He was placed on ordinary leave from 27 March to 24 May 2010 and on excess leave on 25 May 2010 while awaiting appellate review.

10.  On 20 December 2010, the sentence having been affirmed and complied with, the convening authority ordered the bad conduct discharge executed.  On 31 March 2011, he was discharged accordingly.



11.  The DD Form 214 he was issued shows the following:

* item 11 (Primary Specialty) - 19D, Cavalry Scout, 3 years and 1 month
* item 12c (Net Active Service this Period) - 4 years, 4 months, and 17 days
* item 18 (Remarks) - "310 days [10 months and 10 days] of excess leave" and "member has not completed first full term of service"
* item 29 (Dates of Time Lost During this Period) - 18 October 2008 to 2 January 2009 [2 months and 17 days] and 1 June 2009 to 26 March 2010 [9 months and 29 days]

12.  His lost time equals 1 year and 16 days.

13.  His record is void of a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) that shows he reenlisted for a 2nd term of service while serving in Iraq or at any other time.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, contained guidance on the preparation of the DD Form 214.  It stated in:

	a.  Item 11 enter the titles of all MOSs served in for at least 1 year and include the number of years and months served.  For time determination, 16 days or more count as a month; do not count BT and AIT (emphasis added).  

	b.  Item 29, for enlisted personnel, show the inclusive periods of time lost (i.e., due to being AWOL, desertion, confinement) to be made good.  Time lost is not creditable service for pay, retirement, or veterans' benefits; however, the Army preserves a record of it to explain which service between the date of entry on active duty and the date of separation is creditable service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted in the RA on 3 November 2005 for a period of 4 years and 20 weeks and his ETS was 24 March 2010.  At the time of discharge he had 1 year and 16 days of lost time that if he had been allowed to stay on active duty and make up the lost time he would have extended his ETS to 9 April 2011.  However, he was discharged on 31 March 2011, prior to the completion of 4 years and 20 weeks of creditable active service, and did not complete his first full term of service.  There is no record of his reenlisting while in Iraq.

2.  With respect to the time he served in MOS 19D, after completing BT and AIT, the applicant was assigned to Fort Stewart in MOS 19D on 11 May 2006.  It can be presumed he was credited with serving in MOS 19D for 3 years and 1 month from the time of his assignment to Fort Stewart until the time of his court-martial on 1 June 2009 (3 years and 21 days) when he was placed in confinement and was no longer serving in his MOS.
 
3.  However, he had 2 months and 17 days of lost time due to being AWOL and/or in a deserter status during this period of time which was not creditable service and when he was not serving in MOS 19D.  Therefore, his DD Form 214 should have shown he served in MOS 19D for 2 years and 10 months and not 3 years and 1 month.  As it is the policy of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to their record, no action will be taken to correct item 11 of his DD Form 214 to show he served in MOS 19D for 2 years and 10 months.

4.  In view of the foregoing, he 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)                                         AR20140000363



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ABCMR Record of Proceedings (cont)                                         AR20140000363



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