IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100009382
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 (Certificate of Release or Discharge from Active Duty) to adjust his period of active duty by 1 additional day.
2. The applicant states that 2004 was a leap year with 29 days in February. He contends that his period of service should be credited with this extra day giving him a full 2 years of active duty service.
3. The applicant provides, in support of his application, two copies of his DD Form 214 and his mobilization orders with amendments.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Orders 027-034, State of North Carolina, dated 7 February 2003, as amended by Orders 019-063, dated 4 February 2004; and by Orders 133-066, dated
20 July 2004; ordered the applicant to active duty for a period not to exceed 730 days.
3. On 10 February 2003, the applicant entered active duty as a member of the Army National Guard. He served until his release from active duty on 8 February 2005.
4. Item 12 (Record of Service) of the applicant's DD Form 214 ending on
8 February 2005 shows his service based on the following calculation:
Item 12b Separation date this period 2005 02 08
Item 12a Date entered active duty this period -2003 02 10
= 1 11 28
Inclusive day + 1
Item 12c Net active duty service this period = 1 11 29
5. Item 18 (Remarks) of the applicant's DD Form 214 states that he was ordered to active duty in support of Operation Enduring Freedom and that he had completed his first full term of service.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides for entering the date of entry on active duty in Item 12a; the date of separation from active duty in Item 12b; and to calculate the net active service for the period by subtracting the second of those two dates from the first date. The calculation requires the addition of 1 day to account for the inclusive day. All months are considered to be 30 days long.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to adjust his period of active duty by 1 additional day based on 2004 being a leap year.
2. The available evidence clearly shows that the applicant's period of active duty was properly calculated in accordance with the governing regulation.
3. The applicant's argument that his service should be adjusted to add a day for leap year is without merit. The current procedure is based on an average
30-day month. If calculations were to allow for leap years, they would also have to allow for 28 day Februaries and all months with 31 days.
4. In view of the above, the applicant's request should be denied.
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) AR20100009382
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ABCMR Record of Proceedings (cont) AR20100009382
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