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ARMY | BCMR | CY2006 | 20060004421C070205
Original file (20060004421C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 JANUARY 2007
      DOCKET NUMBER:  AR20060004421


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her DD Form 214 (Certificate of
Release or Discharge from Active Duty), item 12c, Net Active Service This
Period, be changed from 1 year, 11 months, and 29 days to 2 years.

2.  The applicant states that she served 2 years on active duty from 20 May
2003 to 18 May 2005.  The year 2004 was a leap year and therefore, she was
not credited with a full year.  She maintains that she unjustly lost
educational benefits based on her DD Form 214 showing less than two years
of active duty service.

3.  The applicant provides a copy of her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show she reenlisted in the United States Army
Reserve on 7 July 2001 for a period of 6 years in the grade of E-8.

2.  The applicant’s DD Form 214 from the period 20 May 2003 to 18 May 2005
credited her in block 12c with 1 year, 11 months, and 29 days of net active
service.  The document also shows that she had 1 year, 5 months, and 2 days
of prior active service and a total of 26 years, 4 months, and 27 days of
prior inactive service.

3.  Army Regulation 635-5 (Personnel Separations) established standardized
procedures for preparation and distribution of the DD Form 214.  The
regulation states, in pertinent part, to enter in block 12c the total
amount "Net Active Service This Period."  The amount of service this period
is computed by subtracting the date entered active duty, item 12a, from the
separation date, item 12b.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant entered active duty on 20
May 2003 and separated on 18 May 2005.  In computing creditable service,
all months are considered to have 30 days and as a result, the fact that
2004 was a leap year has no bearing on the applicant’s total active
service.  Therefore, the applicant’s DD Form 214 that reflects 1 year, 11
months, and 29 days is correct as constituted

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

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JA____  ___JP___  ___SF __  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.





                                  ____James Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004421                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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