IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100016678 


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 24 months of active duty service.

2.  The applicant states his DD Form 214 shows he served on active duty 1 year and 8 months.  He joined the Army in April 2008 and he served on active duty until 1 May 2010 which was a total of 24 months.

3.  The applicant provides a DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 April 2008.  He completed initial entry training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).

2.  He was discharged from the Army on 1 May 2010.  Item 12c (Net Active Service this Period) of his DD Form 214 shows he completed 1 year, 4 months, and 13 days of active duty service.  Item 29 (Dates of Time Lost During this Period) shows the entry "Under 10 USC 972:  20090203 - 20090921."  This time equals 7 months and 19 days.

3.  His separation proceedings packet includes a memorandum, dated 15 March 2010, that indicates he was confined by civilian authorities while on active duty. 

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army:

	a.  it establishes standardized policy for the preparation of the DD Form 214;

	b.  it states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge; and

	c.  it states that for block 12c, enter the amount of service this period, computed by subtracting item 12a (Date Entered Active Duty this Period) from 12b (Separation Date this Period).  Lost time under 10 USC 972 and non-creditable time after expiration term of service, if any, are deducted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect he served 24 months on active duty has been carefully reviewed.  

2.  He entered active duty on 30 April 2008 and he was discharged on 1 May 2010.  This service equals 24 months and 1 day.  However, he accrued 7 months and 19 days of lost time during this period of active duty service and as a result, he did not complete 24 months of creditable active service.  Therefore, his 
DD Form 214 is correct.

3.  Based on the foregoing, his request should be denied. 

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)                                         AR20100016678



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ABCMR Record of Proceedings (cont)                                         AR20100016678



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