IN THE CASE OF:	  

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140001419 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct total active service she completed. 

2.  The applicant states, in effect, item 12c (Net Active Service This Period) is incorrect. 

3.  The applicant provides her DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Regular Army on 25 February 2009 and she held military occupational specialty (MOS) 68W (Health Care Specialist). 

2.  Following completion of MOS training, she was assigned to Company C, 27th Brigade Support Battalion, Fort Hood, TX. 

3.  On 24 August 2010, she departed her unit in an absent without leave (AWOL) status and on 24 September 2010, she was dropped from the Army rolls as a deserter.  She was confined by civil authorities and returned to military control on 25 March 2011.  

4.  On 3 May 2011, she accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being AWOL from 24 August 2010 to 25 March 2011. 

5.  On 13 June 2011, her chain of command notified her of the initiation of separation action against her under the provisions of paragraph 14-12c of Army Regulation 635-200 by reason of commission of a serious offense.  

6.  On 30 August 2011, subsequent to a legal review for legal sufficiency and consistent with the chain of command recommendations, the separation authority approved the applicant’s request for discharge and directed that she be given an under honorable conditions (general) discharge.  On 19 September 2011, the applicant was discharged accordingly.  

7.  Her DD Form 214 shows she was discharged under the provisions of Army Regulation 635-200, chapter 14 for misconduct (serious offense) with an under honorable conditions characterization of service.  Her DD Form 214 shows in:

* Item 12a (Date Entered Active Duty This Period) - 2009-02-25
* Item 12b (Separation Date This Period) - 2011-09-19
* Item 12c (Net Active Service This Period) -0001-11-24
* Item 29 (Dates of Time Lost During This Period) - Under Title 10, U.S. Code, section 972, 20100824 to 20110324

8.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 14 established policy and prescribed procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions; a pattern of misconduct; commission of a serious offense, to include abuse of illegal drugs; convictions by civil authorities; and desertion or absence without leave.  Action would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed.  Paragraph 14-12 prescribes the conditions that subject Soldiers to discharge for misconduct.  A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. 

	a.  Item 12a, 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 12b, enter the Soldier’s transition date; this date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of time lost, or retained on active duty for the convenience of the Government.

	c.  Item 12c, the amount of service this period, computed by subtracting item 12a from 12b.  Time Lost under Title 10, U.S. Code, section 972, is deducted.

	d.  Item 29 shows time lost under Title 10, U.S. Code, section 972.  The regulation requires that the dates of time lost during the current enlistment will be entered on the DD Form 214.  For enlisted personnel, the inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972, and periods of non-inclusive time after expiration of term of service (ETS) will be entered.  Time lost under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veterans' benefits; however the Army preserves a record of it (even after it has been made up) 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 applicant entered active duty on 25 February 2009 and she was discharged on 19 September 2011.  When subtracting item 12b from item 12c the result is 2 years, 6 months, and 26 days.  However, part of this period was lost time that was never made good.  She was AWOL/deserter from 24 August 2010 to 24 March 2011, a period of 7 months and 2 days.  When the lost time is subtracted from her total active service, the remainder is 1 year, 11 months, and 24 days which is correctly reflected in item 12c. 

2.  By law and regulation, periods of AWOL, confinement, and desertion are considered lost time which is not creditable service for pay, retirement, or veterans' benefits.  The lost time is required to be listed on the DD Form 214 even if the periods of time lost were later made up.  Not only is there no evidence that she made up this lost time, even if she did so, the requirement to list the lost time on the DD Form 214 remains a valid requirement. 

3.  After a review of the applicant's records and in view of the foregoing, there is no basis for changing her net active service.  She 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)                                         AR20140001419





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ABCMR Record of Proceedings (cont)                                         AR20140001419



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