DOCKET NUMBER: AR20090000883
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, correction to Item 12c (Net Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that Item 12c should reflect 4 years and not 3 years, 11 months, and 29 days. He also states, in effect, he is trying to obtain retirement from the Louisiana Air National Guard and was advised that he was one day short of having 20 satisfactory years of service and thus may not be retired. He further states, in effect, that all 4 years of his enlistment should be corrected to reflect he completed 365 days each year for a total of 4 years.
3. In support of his application, the applicant provides copies of his Enlistment/Reenlistment Document, his DD Form 214, and a total retirement satisfactory service history.
CONSIDERATION OF EVIDENCE:
1. A search of the Integrated Personnel Electronic Records Management System and the National Archives and Records Administration failed to locate a copy of the applicants official military personnel file. It is believed that the applicants records have not yet been placed/filed onto either system; however, there are sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
2. The applicant's available military records show he was enlisted in the Army Delayed Entry Program on 10 August 1982. He enlisted in the Regular Army, in pay grade E-1, on 9 November 1982, for 4 years. He completed basic and advanced training and was assigned primary military occupational specialty 19D, Cavalry Scout. He was promoted to pay grade E-4 on 1 August 1984.
3. The applicant was honorably released from active duty, in pay grade E-4, on 7 November 1986, at the expiration of his term of service and was transferred to a Reserve unit. He was credited with 3 years, 11 months, and 29 days in Item 12c.
4. The applicant submits a copy of his total retirement satisfactory service history. This document shows from 9 November 1982 to 8 November 1983 he completed 365 days of service and from 9 November 1983 to 8 November 1984 he completed 366 days of service. From 9 November 1984 to 8 November 1985 he completed 365 days of service and from 9 November 1985 to 7 November 1986 he completed 364 days of service.
5. A time and date calculations shows from 9 November 1982 to 7 November 1986, including an end date, equals a period of 1460 days or 3 years, 11 months, and 30 days (4 years). The period from 9 November 1982 to 7 November 1986, but not including an end date, equals a period of 1459 days or 3 years, 11 months, 29 days.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty. The dates the Soldier entered on and separated from active duty will be entered in Items 12a and 12b, respectively. Items 12c would contain the net active service time for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army for 4 years and entered on active duty on 9 November 1982. On 7 November 1986, he was separated from active duty at the expiration of his term of service. He was issued a DD Form 214 that shows a credit of 3 years, 11 months, and 29 days net active service in Item 12c, not including an end date.
2. However, with the inclusion of the end date, he would have been credited with 3 years, 11 months, and 30 days (4 years) net active service. Therefore, based on the foregoing, the applicant is entitled to correction of Item 12c of his DD Form 214 to show a credit of 4 years.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
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 the Department of the Army records of the individual concerned be corrected by deleting from Item 12c of the applicant's DD Form 214 the entry "03 11 29" and replacing it with the entry "03 11 30 or 4 years" and by providing the applicant a corrected separation document as a result of these changes.
_______ _ _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.
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