BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150010733 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150010733 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. BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150010733 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 was on active duty 1 year instead of 11 months and 29 days. 2. The applicant states: a. His orders and points report show that he was mobilized and present for 365 days, which is the legal definition of 1 year. b. Everyone else that was mobilized for 365 days received 1 year of credit. c. This mistake is causing him to lose 10 percent of his education benefits. d. At the time, he had no idea that 1 day would affect him, but while he was doing an “SRP” he was informed that due to that 1 day, his son would lose 10 percent of his educational benefits. 3. The applicant provides: * Orders 08-039-00018, dated 8 February 2008 * DD Form 214, dated 27 February 2009 * Reserve Retired Veterans Record – Points Detail 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 United States Army Reserve (USAR) for 8 years on 16 November 1993. He remained in the USAR through reenlistments and extensions. 3. On 8 February 2008, Orders 08-039-00018 were published ordering him to active duty for 365 days, for the purpose of mobilization in support of Operation Enduring Freedom. His reporting date was 29 February 2008. 4. The applicant was released from active duty (REFRAD) on 27 February 2009, upon completion of his required active service. Item 12c (Net Active Service This Period) on his DD Form 214 shows he completed 11 months and 29 days. REFERENCES: 1. Department of Defense Financial Management Regulation (DODFMR) 7000.14-R, Volume 7A, Chapter 1, paragraph 010104 states 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. When subtracting the beginning day of service from the ending date of service 1 day is added to account for the inclusive date. 2. Army Regulation 635-5 (Separation Documents), paragraph 2-4, then in effect, provided instructions for the completion of items that appear on the DD Form 214. It stated in item 12c, enter the amount of service this period, computed by subtracting item 12a (Date Entered Active Duty This Period) from 12b (Separation Date This Period). Lost time under Title 10, United States Code 972 and non-creditable time after expiration term of service, if any, are deducted. DISCUSSION: 1. The applicant entered on active duty on 29 February 2008. He was REFRAD on 27 February 2009. When subtracting item 12a from 12b the service equals 11 months and 28 days. However, when subtracting the beginning day of service from the ending date of service 1 day is added to account for the inclusive date. When the inclusive day is added, he completed 11 months and 29 days of net active service this period as currently reflected on his DD Form 214. 2. According to the DODFMR 7000.14-R, when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month. Because he completed 11 months and 29 days of net active service this period, it is not considered as a full year of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010733 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010733 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2