IN THE CASE OF:
BOARD DATE: 14 May 2014
DOCKET NUMBER: AR20130015282
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 reconsideration of his previous request to correct item 12c (Net Active Service this Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the entry "2 years, 0 months, and 0 days" vice "1 year, 11 months, and 29 days."
2. The applicant states, when it came time to compute his total term of service, he thought he had served enough time (2 years or 730 days) to have his retirement pay recalculated using the current pay scale. Even though he had orders for two consecutive years totaling 730 days, he was told that he only served for 729 days and was not eligible for the recalculation. However, he served through two sets of 365-day orders from 20 June 2010 to 19 June 2011 and from 20 June 2011 to 18 June 2012. Even though 2012 was a leap year, he still completed the 365 as required by his orders.
3. The applicant provides his DD Form 214 for the period ending on 18 June 2012, two subsequently-issued DD Forms 215 (Correction to DD Form 214), and a letter to his Member of Congress.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120014750, on 14 May 2013.
2. The applicant provided new arguments via a letter to his Member of Congress.
3. The applicant enlisted in the Regular Army on 15 August 1978 and served through a series of enlistments and extensions. He was placed on the Retired List on 31 August 1998 in the rank/grade of staff sergeant (SSG)/E-6 after completing 20 years and 16 days of active service.
4. Orders Number M-06-000632, issued by the U.S. Army Human Resources Command (HRC), on 21 June 2010, directed his recall to active duty from retired status in support of Operation Enduring Freedom for a period of 365 days. These orders show a report date of 20 June 2010.
5. Orders Number A-04-108433, issued by HRC on 26 April 2011, extended the applicant's tour of duty in an active status for an additional 365 days with an end date of 18 June 2012. These orders show this was a consecutive assignment with no break in service.
6. Orders Number 117-0004, issued by the U.S. Army Installation Command, MacDill Air Base, FL, on 26 April 2012 directed he be released from active duty (REFRAD) and revert to retired status on 18 June 2012.
7. His DD Form 214 confirms his REFRAD on 18 June 2012 and shows in item:
* 12a (Date Entered Active Duty This Period) the entry: 2010 06 20
* 12b (Separation Date This Period) the entry: 2012 06 18
* 12c (Net Active Service This Period) the entry: 0001 11 29
8. The Department of Defense Financial Management Regulation (DOD FMR), Volume 7A, Chapter 1, paragraph 010104 (Computation of Creditable Service) states that to calculate dates, list the beginning date of service and list the ending date. If the day is the 31st day of the month, then change it to 30. If the day is February 28 in a non-leap year, then change it to February 30 for computation purposes. Do not change February 28 of a leap year to February 30. If the day is February 29, then change it to February 30 for computation purposes. Then add all ending dates together. Subtract the beginning day result from the ending day. For each noncontinuous period of service, add 1 day to account for inclusive days. Explanation: Any period of service is at least 1 day. It is necessary to add 1 day for inclusive days to avoid this erroneous answer. Convert to full years, months, and days. The result is years of service creditable for pay purposes. If, for example, the member had one day of service on
17 January 2012, then the computation would look like this:
YR MO DAY
Ending Day: 12 01 17
Less Beginning Day: 12 01 17
00 00 00
+ 01
00 00 01
9. Department of the Army Pamphlet 600-8 (Management and Administrative Procedures), paragraph 5-12g(2) covers time in service and date of rank computations on the DD Form 214 and states, when computing a period of service a month will be computed on a 30-day basis. When computing creditable service, consider each month as consisting of 30 days regardless of the actual number of days in the month, except when the period of active service ends on
28 February of a leap year; do not change the 28 to 30 since the 29th is the last day of the month. Add 1 day for inclusive dates after subtractions. Convert
30 days and 12 months to full months and years after computation.
DISCUSSION AND CONCLUSIONS:
1. The year 2012 was a leap year. However, the only time DOD and the Army make allowances for a leap year in the calculation of service dates is when the last day of active duty service is 28 February. The applicant's last day of service was 18 June 2012, not 28 February 2012.
2. DOD and the Army use the same methods of calculation for all service members; this ensures each Soldier is treated equally and fairly with respect to the calculation of service dates. These methods are not based strictly on calendar days but rather on a standard 30-day month which is used to calculate service time. Therefore, a service member is credited with 30 days of service even on months with less than 30 calendar days.
3. The below is a correct computation of the applicant's service dates using the approved DOD/Army method of calculating service dates/credit.
YR
MO
DAY
2011
17
48
12b.
2012
06
18
12a.
2010
06
20
0001
11
28
+
01
0001
11
29
4. The results of this computation show his service dates were correctly computed on his DD Form 214 using approved DOD and Army methods. Therefore, he is not entitled to correction of his DD Form 214.
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 to amend the decision of the ABCMR set forth in Docket Number AR20120014750, dated 14 May 2013.
____________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) AR20130015282
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130015282
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