IN THE CASE OF:	  

		BOARD DATE:	 27 September 2011 

		DOCKET NUMBER:  AR20110005497 


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) for the period ending 3 July 1984 to show his correct net active service this period.

2.  The applicant states his net active service on his DD Form 214 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  In the processing of this case the ABCMR was unable to obtain the applicant's service personnel and medical records.  The only record available is the 
DD Form 214 provided by the applicant, which is sufficient for the ABCMR to make a fair and impartial review of this case.

3.  The DD Form 214 provided by the applicant covers the period 28 August 1978 through 3 July 1984.  

	a.  Item 12a (Date Entered AD (active duty) This Period) contains the entry "78  08  28" or 28 August 1978.

	b.  Item 12b (Separation Date This Period) contains the entry "84  07  03" or
3 July 1984.

	c.  Item 12c (Net Active Service This Period) contains the entry "00  01  06" or 1 month and 6 days.

	d.  Item 18 (Remarks) contains the entry "Time lost after normal ETS (expiration of term of service) 820828 - 840703" or 28 August 1982 - 3 July 1984.

84
07
03

-  82
08
28

1
10
05

+      

1
     (inclusive day)
1
10
06
     (1 year, 10 months, and 6 days non-creditable service)
	e.  Item 29 (Dates of Time Lost During This Period) contains the entry "781004 - 820827" or 4 October 1978 - 27 August 1982.

82
08
27

-  78
10
04

3
10
23

+      

1
     (inclusive day)
3
10
24
     (3 years, 10 months, and 24 days time lost)
4.  Department of Defense Financial Management Regulation (DODFMR) 7000.14-R provides, in pertinent part, that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month.

5.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation provided, in pertinent part, that the beginning date of the continuous period of AD for which the DD Form 214 is being issued be entered in Item 12a of the DD Form 214.  This regulation also provided that the date of separation be entered in Item 12b and that the net service for the period shown would be computed by subtracting 
Item 12a from Item 12b and then deducting any time lost and non-creditable service after the Soldier's ETS.

DISCUSSION AND CONCLUSIONS:

1.  Net service is computed by subtracting item 12a from item 12b of his 
DD Form 214 and then deducting time lost and non-creditable service after his ETS.

84
07
03
     (item 12b)
-  78
08
28
     (item 12a)
5
10
05

+      

1
     (inclusive day)
5
10
06
     (5 years, 10 months, and 6 days) 
-  3
10
24
     (time lost)
1
11
12
     (1 year, 10 months, and 12 days)
-  1
10
06
     (non-creditable service after ETS)

1
06
     (net service)
2.  Based on the above computations the net service entered in item 12c of his DD Form 214 is correct.

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)                                         AR20110005497



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ABCMR Record of Proceedings (cont)                                         AR20110005497



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