IN THE CASE OF:	

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090015037 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 18 July 2004 to show he served 1 year of active service instead of 11 months and 
18 days. 

2.  The applicant states, in effect, that he was mobilized in August 2003 for a period of 365 days in support of Operation Enduring Freedom (OEF).  He also states that he took 11 days of leave in December 2003 but for some reason his leave was subtracted from his 365 days of active service.  This error should be corrected because it impacts his entitlement to future benefits. 

3.  The applicant provides in support of his request a copy of his DD Form 214, dated 18 July 2004; a copy of his Separation Leave Record, dated 16 June 2004; and a copy of Orders P210-019, issued by Florida Army National Guard (FLARNG) on 29 July 2003.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having had prior enlisted service, the applicant's records show he enlisted in the FLARNG on 6 June 1988.  He held military occupational specialty 18F (Special Forces (SF) Weapons Sergeant) and attained the rank/grade of master sergeant /E-8.  He was assigned to Company A, 3rd Battalion, 20th SF Group (Airborne).

3.  On 29 July 2003, the FLARNG published Orders P210-019 ordering him to active duty in support of OEF for a period of 365 days effective 1 August 2003.  

4.  He entered active duty on 1 August 2003 at Fort Bragg, NC, and subsequently served in Afghanistan from 13 September 2003 to 7 June 2004.  

5.  He took leave on two occasions during this period of mobilization:  Ordinary leave from 16 December to 26 December 2003 and transition leave from 1 July to 18 July 2004.

6.  He was honorably released from active duty on 18 July 2004 to the control of his ARNG unit.  The order releasing him from active duty is not available for review with this case.  The DD Form 214 he was issued shows he entered active duty on 1 August 2003 and he was released on 18 July 2004.  He completed 11 months and 18 days of creditable active service.  

7.  The case analyst of record contacted the applicant telephonically during the first week of March 2010 and requested a copy of the order releasing him from active duty or any other evidence that shows he served the full 365 days.  The applicant stated he was never issued an order.  He was advised to contact his losing unit and/or installation to obtain a copy of the order but did not do so.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:

	a.  Item 12a (Date Entered Active Duty (AD) This Period) shows the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued. 

	b.  Item 12b (Separation Date This Period) shows the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

	c.  Item 12c (Net Active Service This Period) shows the amount of service this period, computed by subtracting item 12a from 12b (less lost time).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant was ordered to active duty on 
1 August 2003 and he was honorably released from active duty on 18 July 2004. This period of active service equals 11 months, and 18 days which is correctly shown on his DD Form 214.  His periods of ordinary and transition leave are included in this period of active service.

2.  Contrary to his argument that his leave was subtracted from his active duty time, the evidence of record shows he received active duty credit for both periods of leave. 

3.  It is true he was ordered to active duty for 365 days; however, he did not serve the full 365 days.  He served 11 months and 18 days and received appropriate service credit for the period of active duty he served.  There is neither an error nor an injustice.

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)                                         AR20090015037



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ABCMR Record of Proceedings (cont)                                         AR20090015037



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