BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090017270
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 item 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 January 2005 be changed from 1 year, 11 months, and 29 days to 2 years.
2. The applicant states:
* he served 2 full years on active duty from 27 January 2003 to 25 January 2006 [sic]
* during this active duty period he encountered a leap year (2004) which made his active duty period 730 days or a full 2 years rather than 1 year, 11 months, and 29 days
* due to eligibility requirements for certain benefits, his DD Form 214 could hinder his ability to receive them
* the computer system that generates the DD Form 214 doesn't take into account leap years when calculating active duty time and will not allow manual corrections to be made at demobilization sites
3. The applicant provides:
* DD Form 214 for the period ending 25 January 2005
* active duty orders
* amendment orders, dated 19 December 2003 and 13 June 2004
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty on 27 January 2003 from the U.S. Army Reserve in support of Operation Enduring Freedom. On 25 January 2005, he was released from active duty.
2. Item 12a (Date Entered AD [Active Duty] This Period) of the applicant's DD Form 214 for the period ending 25 January 2005 shows the entry "2003 01 27" [27 January 2003]. Item 12b (Separation Date This Period) of this DD Form 214 shows the entry "2005 01 25" [25 January 2005]. Item 12c of this DD Form 214 shows he completed 1 year, 11 months, and 29 days.
3. Army Regulation 635-5 (Personnel Separations) established standardized procedures for preparation and distribution of the DD Form 214. The regulation states to enter in item 12c the total amount of "net active service this period." The amount of service for this period is computed by subtracting the date entered active duty in item 12a from the separation date in item 12b.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered active duty on 27 January 2003 and separated on 25 January 2005. In computing creditable service, all months are considered to have 30 days and, as a result, the fact that 2004 was a leap year has no bearing on the applicant's total active service. Therefore, item 12c of the applicant's DD Form 214 for the period ending 25 January 2005 which reflects 1 year, 11 months, and 29 days is correct as constituted.
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 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) AR20090017270
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ABCMR Record of Proceedings (cont) AR20090017270
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