ABCMR Record of Proceedings (cont) AR20060004421

RECORD OF PROCEEDINGS

IN THE CASE OF:

BOARD DATE: 9 JANUARY 2007

DOCKET NUMBER: AR20060004421

I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun / Director
Ms. Rene’ R. Parker / Analyst

The following members, a quorum, were present:

Mr. James Anderholm / Chairperson
Mr. Jerome Pionk / Member
Mr. Scott Faught / Member

The Board considered the following evidence:

Exhibit A - Application for correction of military records.

Exhibit B - Military Personnel Records (including advisory opinion, if any).

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ABCMR Record of Proceedings (cont) AR20060004421

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty), item 12c, Net Active Service This Period, be changed from 1year, 11 months, and 29 days to 2 years.

2. The applicant states that she served 2 years on active duty from 20 May 2003 to 18 May 2005. The year 2004 was a leap year and therefore, she was not credited with a full year. She maintains that she unjustly lost educational benefits based on her DD Form 214 showing less than two years of active duty service.

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

CONSIDERATION OF EVIDENCE:

1. The applicant’s records show she reenlisted in the United States Army Reserve on 7 July 2001 for a period of 6 years in the grade of E-8.

2. The applicant’s DD Form 214 from the period 20 May 2003 to 18 May 2005 credited her in block 12c with 1year, 11 months, and 29 days of net active service. The document also shows that she had 1year, 5 months, and 2 days of prior active service and a total of 26 years, 4 months, and 27 daysof prior inactive service.

3. Army Regulation 635-5 (Personnel Separations) established standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter in block 12c the total amount "Net Active Service This Period." The amount of service this period is computed by subtracting the date entered active duty, item 12a, from the separation date, item 12b.

DISCUSSION AND CONCLUSIONS:

1. Evidence of record shows that the applicant entered active duty on 20 May 2003 and separated on 18 May 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, the applicant’s DD Form 214 that reflects 1year, 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 that requirement.

BOARD VOTE:

______GRANT FULL RELIEF

______GRANT PARTIAL RELIEF

______GRANT FORMAL HEARING

__JA______JP______SF __ 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.

____James Anderholm_____

CHAIRPERSON

INDEX

CASE ID / AR20060004421
SUFFIX
RECON / YYYYMMDD
DATE BOARDED / 20070109
TYPE OF DISCHARGE / (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE / YYYYMMDD
DISCHARGE AUTHORITY / AR . . . . .
DISCHARGE REASON
BOARD DECISION / DENY
REVIEW AUTHORITY
ISSUES 1. / 110.00
2.
3.
4.
5.
6.

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