IN THE CASE OF:	  

		BOARD DATE:	       26 March 2009

		DOCKET NUMBER:  AR20080018619 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in Item 12c (Net Active Service This Period) 1 year, 0 months, and 0 days.

2.  The applicant states, in effect, February 2008 was a leap year; therefore, he actually served 365 days or 1 full year.

3.  The applicant provides his DD Form 214, and copies of his active duty and separation orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a US Army Reserve (USAR) officer.  He served on active duty from 30 October 2007 through 28 October 2008.

2.  The applicant’s DD Form 214 shows the following entries in Item 12 (Record of Service):

12a (Date Entered AD This Period)	2007  10  30
12b (Separation Date This Period)	2008  10  28
12c (Net Active Service This Period)	0000  11  29


3.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214, and provides the following guidance for completing Item 12 (Record of Service):

Use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.

	a.  12a.  Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	b.  12b.  The Soldier's transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended to make up lost time, or retained on active duty for the convenience of the Government.

	c.  12c.  Amount of service this period, computed by subtracting item 12a from 12b.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that Item 12c of his DD Form 214 be corrected to show “0001  00  00” (1 year, 0 months, and 0 days).

2.  AR 635-5 is very specific concerning the computation of dates and time served in Item 12 of the DD Form 214.  Item 12c is derived by subtracting Item 12a from Item 12b.  This calculation yields a result of 0 years, 11 months, and 29 days.

3.  The applicant’s DD Form 214 is correct.  There is no error or injustice.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


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.



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               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)                                         AR20080018619



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ABCMR Record of Proceedings (cont)                                         AR20080018619



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