IN THE CASE OF:
BOARD DATE: 06 JANUARY 2009
DOCKET NUMBER: AR20080017466
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 that block number 12b (Separation Date This Period) that is reflected on her Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show that she was released from active duty (REFRAD) on 29 July 2008.
2. The applicant states that the record is in error due to the calendar leap year. She states that according to the 545 days stated on her mobilization order, her separation date should have read "Year(s) 2008, Month(s) 07, Day(s) 29." She states that the date must be changed to rectify a financial issue.
3. The applicant provides two copies of her DD Form 214; a copy of Orders 07-004-00003 dated 4 January 2007, ordering her to active duty; copies of her Leave and Earnings Statements for the periods covering 1 August 2008, 13 August 2008, 27 August 2008, 24 September 2008, and 26 September 2008; and a copy of a Transmittal Record dated 26 October 2008.
CONSIDERATION OF EVIDENCE:
1. On 10 November 1988, the applicant enlisted in the Regular Army (RA) in San Diego, California, for 6 years, in the pay grade of E-1. She successfully completed her training as an equipment records and parts specialist.
2. After completing 4 years, 9 months and 12 days of net active service, the applicant was honorably REFRAD on 27 August 1993, under the provisions of Army Regulation 635-200, paragraph 6-3b(2), due to parenthood. She was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete her Reserve obligation.
3. The applicant reenlisted in the USAR for 6 years on 15 March 2005 and she was assigned to the USAR Control Group (Annual Training) effective 15 September 2005. She was assigned to the 91st Division, 2nd Brigade, 356th (LS) Troop Program Unit (TPU) on 15 June 2006.
4. On 4 January 2007, Orders 07-004-0003 were published ordering the applicant to active duty for 545 days in support of Operation Enduring Freedom, with a reporting date of 1 February 2007.
5. The orders that were published releasing the applicant from active duty are not on file. The DD Form 214 that she was furnished shows that she was honorably REFRAD on 31 July 2008, under the provisions of Army Regulation 635-200, chapter 4, upon completion of her required active service service and she was transferred to the 91st Division, 2nd Brigade, 356th (LS) TPU.
6. The Leave and Earnings Statements that the applicant submitted in support of her application shows that she was on active duty for training from 16 July 2008 to 29 July 2008; 30 July 2008 to 31 July 2008; 1 August 2008 to 12 August 2008; and 13 August 2008 to 27 August 2008. Her Leave and Earnings Statement for the period covering 26 September 2008 shows that she had 26.0 days of accrued leave paid for her active duty tour ending on 31 July 2008.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that block number 12b on her DD Form 214 should be corrected to show that she was REFRAD on 29 July 2008 because of an error caused by the leap year. The DD Form 214 that she was furnished shows that she was REFRAD on 31 July 2008.
2. However, the available evidence is actually insufficient to make a determination that either 29 or 31 July 2008 were the correct dates of her REFRAD.
3. The orders the applicant provided show she was ordered to active duty effective 1 February 2007 for 545 days. On a day-for-day basis (to include 29 days in February 2008), 545 days would have ended on 20 May 2008.
4. In addition, the applicant provided LESs to show she was on active duty for training beginning on 16 July 2008; therefore, the LESs indicate that she could not have been on her mobilization tour of active duty beyond 15 July 2008.
5. Her contentions have been noted. However, there is no evidence in the available record and she has not submitted sufficient evidence to show that she was REFRAD on 29 July 2008.
6. 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 this requirement.
7. In view of the foregoing, there is no basis for granting the applicant's request.
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.
_______ _ XXX _______ ___
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) AR20080017466
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ABCMR Record of Proceedings (cont) AR20080017466
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