IN THE CASE OF:	  

		BOARD DATE:  28 February 2012

		DOCKET NUMBER:  AR20110016862 


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 4 months and 3 days of service in lieu of 43 days.

2.  The applicant states:

* he actually completed 4 months and 3 days of service, not 43 days
* his service should read 4.3 [sic] instead of 43.0 days
* he feels he has not been credited with his full period of service

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.  The applicant enlisted in the Regular Army on 8 April 2004 for a period of 3 years and 16 weeks.

3.  Records show he submitted a request for excess leave pending his separation for entry-level performance and conduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11.  He was placed on excess leave during the period 29 June 2004 to 10 August 2004, a period of 43 days.

4.  On 10 August 2004, he was discharged for entry-level performance and conduct. 

5.  His DD Form 214 shows:

* in item 12a (Date Entered Active Duty This Period) the entry "2004 04 08" [8 April 2004]
* in item 12b (Separation Date This Period) the entry "2004 08 10" [10 August 2004]
* in item 12c (Net Active Service This Period) the entry "0000 04 03" [4 months and 3 days]
* in item 18 (Remarks) the entry "EXCESS LEAVE (CREDITABLE FOR ALL PURPOSES EXCEPT PAY AND ALLOWANCES – 43.0 DAYS:  20040629-20040810"

6.  Army Regulation 600-8-10 (Leaves and Passes) prescribes the policies, operating tasks, and steps governing military personnel absences.  Excess leave is defined as leave in excess of accrued or advanced leave.  The member is not entitled to pay and allowances for a period of such leave.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  For a Soldier who is in an excess leave status, this regulation states to enter the following statement in item 18 of the DD Form 214:  "EXCESS LEAVE (CREDITABLE FOR ALL PURPOSES EXCEPT PAY AND ALLOWANCES) (specify days and period of time)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he completed 4 months and 3 days, not 43 days.


2.  The evidence shows he enlisted in the Regular Army on 8 April 2004 and he was discharged on 10 August 2004 after completing 4 months and 3 days which is properly shown in items 12a, 12b, and 12c of his DD Form 214.

3.  The evidence shows he was charged for 43 days of excess leave during the period 29 June 2004 to 10 August 2004 which is properly shown in item 18 of his DD Form 214.

4.  Based on the foregoing, there is no need for granting the requested relief as his DD Form 214 already shows he completed 4 months and 3 days of service.

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 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)                                         AR20110016862



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ABCMR Record of Proceedings (cont)                                         AR20110016862



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