IN THE CASE OF:
BOARD DATE: 10 March 2009
DOCKET NUMBER: AR20080018726
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), block 12c (Net Active Service This Period), be changed from 11 months and 29 days to 1 year.
2. The applicant states, in effect, that she served 1 year on active duty from
30 October 2007 to 28 October 2008. The year 2008 was a leap year. The system did not adjust for the leap year. She further contends that personnel at the transition point directed her to request this correction.
3. The applicant provides a copy of her DD Form 214, orders to active duty, and deployment orders.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty in support of Operation Enduring Freedom. She entered active duty service on 30 October 2007 and was subsequently released from this period of active duty on 28 October 2008.
2. The applicants DD Form 214 from the period 30 October 2007 to 28 October 2008 credited her in block 12c with 11 months and 29 days of net active active service this period. The document also shows that she had 8 years, 10 months, and 26 days of prior active service and a total of 12 years, 3 months, and
15 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. [Note: this is not a day for day calculation.]
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant entered active duty on
30 October 2007 and she was released from active duty on 28 October 2008. There is no regulatory provision authorizing an adjustment to this period of service based on there being a leap year occurring within such service. Furthermore, the period of service to be entered in item 12c is not calculated on a day for day basis. Therefore, the applicants DD Form 214 that reflects 11 months and 29 days is correct as issued.
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
___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) AR20080018726
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080018726
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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