IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003873
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 show he completed 1 year, 1 month, and 15 days of net active service.
2. The applicant states his DD Form 214 shows he completed 1 year and 20 days of net active service during his period of active duty, which is incorrect.
3. The applicant provides his DD Form 214.
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. The applicant enlisted in the Wyoming Army National Guard (WYARNG) on 23 February 1998 and held military occupational specialty 13B (Cannon Crewmember).
3. He entered active duty in support of Operation Iraqi Freedom on 14 March 2006 and served in Iraq from 4 April 2006 to 23 March 2007.
4. He was honorably released from active duty on 29 April 2007 with no lost time. His DD Form 214 shows the following entries in:
* Item 12a (Date Entered Active Duty (AD) This Period) - 2006 03 14
* Item 12b (Separation Date This Period) - 2007 04 29
* Item 12c (Net Active Service This Period) - 0001 00 20
5. Army Regulation 635-5 (Separation Documents) states extreme care must be used in completing item 12 (Record of Service) of the DD Form 214 since post-service benefits, final pay, retirement credit, and so forth are based on this information.
a. Item 12a is to be completed by entering the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
b. Item 12b is to be completed by entering the Soldiers transition date. This date may not be the contractual date if 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. Item12c is determined by computing by subtracting item 12a from 12b. Lost time under Title 10, U.S. Code 972 and non-creditable time after expiration term of service, if any, are deducted.
DISCUSSION AND CONCLUSIONS:
1. The applicant correctly contends item 12c of his DD Form 214 was incorrectly calculated to show he completed 1 year and 20 days of net active service. The correct sum in subtracting item 12a "2006 03 14" from item 12b "2007 04 29" is "0001 01 16."
2007 04 29
-2006 03 14
= 1 1 15
+ 1 day inclusive
= 1 1 16 total
2. Therefore, he is entitled to correction of his DD Form 214 to show his correct net active service.
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:
* deleting from item 12c of his DD Form 214 the entry "0001 00 20"
* adding to item 12c of his DD Form 214 the entry "0001 01 16"
_______ _ __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) AR20120003873
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ABCMR Record of Proceedings (cont) AR20120003873
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