IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080016444
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, in effect, that Item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 November 2006 be corrected to show he completed 0001 02 18 (1 year, 2 months, and 18 days) of net active service this period instead of 0001 05 27 (1 year, 5 months, and 27 days).
2. The applicant states the current net active service on his DD Form 214 is incorrect.
3. The applicant provides, in support of his application, copies of his DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes) and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows he had previously served
9 years, 9 months, and 23 days of active service in the United States Marine Corps.
2. On 27 April 2001, the applicant enlisted in the South Carolina Army National Guard (SCARNG).
3. The applicant's DA Form 1506, dated 21 November 2006, records a period of active duty in the SCARNG from 28 August 2005 to 15 November 2006. The computation of service for this period is recorded as 1 year, 5 months, and
27 days.
4. The applicant's DA Form 1506, dated 19 August 2008, records a period of active duty in the SCARNG from 28 August 2005 to 15 November 2006. The computation for this period of service is recorded as 1 year, 2 months, and
18 days.
5. The applicant was discharged from the SCARNG on 15 November 2006 and he enlisted in the Regular Army on 16 November 2006 for a period of 3 years.
6. Item 12a (Date Entered AD This Period) of the applicant's DD Form 214 contains the entry 2005 08 28 (2005 August 28) and Item 12b (Separation Date This Period) contains the entry 2006 11 15 (2006 November 15). Item 12c of his
DD Form 214 contains the entry 0001 05 27.
7. There are no orders in the applicant's official military personnel file (OMPF) contained in the integrated Personnel Electronic Records Management System (iPERMS) ordering him to active duty on 28 August 2005 and there are no separation orders showing a separation date of 15 November 2006.
8. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provided, in pertinent part, that the beginning date of the continuous period of active duty (AD) for which the DD Form 214 is being issued be entered in Item 12a of the
DD Form 214. This regulation also provided that the date of separation be entered in Item 12b and that the net service for the period shown would be computed by subtracting Item 12a from Item 12b and then deducting any lost time and non-creditable service after date of discharge.
9. Department of Defense Financial Management Regulation 7000.14-R provides, in pertinent part, that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the net service on his DD Form 214 with a separation date of 15 November 2006 is incorrect.
2. Although there are no active duty or separation orders in iPERMS, both of the applicants DA Forms 1506 and his DD Form 214 show he served on active duty from 28 August 2005 to 15 November 2006. Therefore, there is sufficient evidence to show the applicant did serve on active duty during this period.
3. Subtracting Item 12a from Item 12b of the applicant's DD Form 214 clearly shows Item 12c is incorrect. The applicant's net active service during the period covered by the DD Form 214 is 1 year, 2 months, and 18 days. Therefore, it would be appropriate to change Item 12c of the applicant's DD Form 214 with an effective date of 15 November 2006 to show he completed 0001 02 18 of net active service this period.
BOARD VOTE:
___X____ __X_____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing Item 12c of the applicant's DD Form 214 with an effective date of
15 November 2006 to show he completed 0001 02 18 of net active service this period.
_______ _ 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) AR20080016444
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ABCMR Record of Proceedings (cont) AR20080016444
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