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ARMY | BCMR | CY2010 | 20100007596
Original file (20100007596.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100007596 


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 that item 12c (Net Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 September 2007 be corrected.

2.  The applicant states the calculation of net service shown on his DD Form 214 is in error.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Utah Army National Guard on 19 August 2003 and on 13 June 2006 he transferred to the California Army National Guard (CAARNG).

2.  On 20 February 2007, the CAARNG ordered the applicant to active duty in support of Operation Iraqi Freedom to report 2 March 2007.

3.  On 10 September 2007, the applicant was released from active duty upon completion of his required active service.

4.  Entries on the applicant's DD Form 214 with an effective date of 10 September 2007 show:

* item 12a (Date Entered [Active Duty] This Period) – 2007  03  02 (2 March 2007)
* item 12b (Separation Date This Period) – 2007  09  10 (10 September 2007)
* item 12c – 0000  02  14 (0 years, 2 months, and 14 days)
* item 29 (Dates of Time Lost During this Period) - none

5.  Army Regulation 635-5 (Separation Documents) states that entries for the DD Form 214 include:

* item 12a – the beginning date of the continuous period of active duty for which the DD Form 214 is being issued
* item 12b – the date of separation 
* net service for the period shown is computed by subtracting item 12a from item 12b and then deducting any lost time

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the net service shown on his DD Form 214 with a separation date of 10 September 2007 is incorrect.

2.  Orders in the applicant's official military personnel file confirm the entries in items 12a and 12b of the applicant's DD Form 214 are correct.

3.  Computation of the applicant's net service by subtracting item 12a from item 12b shows his net service to be 6 months and 9 days.  He had no time lost during this period of active service.  Item 12c of his DD Form 214 is clearly in error.  Therefore, it is appropriate to correct item 12c of his DD Form 214 with a separation date of 10 September 2007 to read "0000  06  09" (0 years, 6 months, and 9 days) instead of "0000  02  14."

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 Department of the Army records of the individual concerned be corrected by amending item 12c of the applicant's DD Form 214 with a separation date of 10 September 2007 to read "0000  06  09."



      _______ _  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)                                         AR20100007596



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR201000

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