IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080018283
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 the Block [Item] 12.c. (Net Active Service this Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to read, "one year."
2. The applicant states, in effect, that Item 12.c. on his DD Form 214 should read one year rather than 11 months. He further states that the computer system did not account for the fact that 2008 was a leap year. He adds that he completed three hundred sixty five days and the period from 30 October 2007 through 28 October 2008 equals one year.
3. In support of his request, the applicant provides a copy of his DD Form 214, with an effective date of his release from active duty of 28 October 2008; a copy of Orders 07-305-00043, Headquarters, 99th Regional Readiness Command, Coraopolis, Pennsylvania, dated 1 November 2007; and a copy of Orders 311-00240, Headquarters, U.S. Army Combined Arms Support Command and Fort Lee, Fort Lee, Virginia, dated 7 November 2007.
CONSIDERATION OF EVIDENCE:
1. The evidence shows the applicant was commissioned a Second Lieutenant at the U. S. Military Academy at West Point, New York, on 27 May 2000. He was ordered to active duty in the Regular Army and served on active duty until 26 May 2005 when he was released from active duty at the completion of his required active service and was transferred to the Reserve.
2. The evidence shows the applicant was ordered to active duty for a period of 365 days in support of Operation Enduring Freedom by Orders 07-305-00043 prepared by Headquarters, 99th Regional Readiness Command, Coraopolis, Pennsylvania, on 1 November 2007. He entered active duty on 30 October 2007.
3. The applicant was honorably released from active duty on 28 October 2008 in the rank of Captain, pay grade O-3, at the completion of required active service. On the date of his release from active duty, the applicant had completed 11 months, and 29 days net active service.
4. Army Regulation 635-5 (Personnel Separations - 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.
5. Army Regulation 635-5, paragraph 2-4h(12)(c) prescribes that, the amount of service this period will be computed by subtracting Item 12.a. from 12.b.
6. According to onlineconversion.com, a leap year is a year in which one extra day has been inserted, or intercalated, at the end of February. Calendar year 2008 was a leap year. A leap year consists of 366 days whereas other years, called common years, have 365 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that Item 12.c. should read "one year" rather than 11 months. He adds that he completed 365 days and the period from 30 October 2007 through 28 October 2008 equals one year.
2. The evidence also shows that Calendar Year 2008 was a leap year. A leap year consists of 366 days, whereas other years, called common years have 365 days. While serving on active duty in support of Operation Enduring Freedom, the applicant served through the month of February 2008 which had 29 days.
3. The evidence shows that the applicant entered active duty on 30 October 2007 and was released from active duty on 28 October 2008. This period equals 11 months and 29 days, inclusive of the end date. The number of days between these two dates totals 365 days; however, in order for the applicant to be credited for a full year's service, he would have had to serve on active duty for 366 days.
4. In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise 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.
_______ _ _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) AR20080018283
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ABCMR Record of Proceedings (cont) AR20080018283
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