IN THE CASE OF:  

		BOARD DATE:  20 December 2019

		DOCKET NUMBER:  AR20170008129


APPLICANT REQUESTS:  in effect, correct item 12c (Net Active Service Period) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 4 years
and 4 days instead of 3 years, 8 months, and 5 days.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.

2.  The applicant states his net active service period should be changed from 3 years, 
8 months, and 5 days to 4 years and 4 days.  He believes his service time should be 
corrected.

3.  A review of the applicant’s service record shows the following:

	a.  He enlisted in the Regular Army on 8 January 2008.

	b.  On 12 January 2012, the applicant was discharge for active duty.  His DD Form 
214 shows he was separated in accordance with chapter 13 of Army Regulation 635-
200 (Personnel Separation – Active Duty Enlisted Administrative Separations) with an 
under honorable conditions (general) character of service.  It also shows he completed 
3 years, 8 months, and 5 days of net active duty service this period with 120 days of lost 
Time.

4.  On 26 July 2012, the Army Discharge Review Board (ADRB) determined that 
applicant was properly and equitably discharged.  Accordingly, his request for a 
change in the character and/or reason of his discharge was denied.

5.  Army Regulation 635-5 (Personnel Separations – Separation Documents), the 
DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. 
It provides a brief, clear-cut record of active duty service at the time of release from 
active duty, retirement, or discharge.  The applicant’s active service was continuous and 
his DD Form 214 already lists the period of continuous honorable service.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
Evidence of record shows the applicant was in the military for 4 years in 5 days.  
However, he has 120 days of lost time, which placed his time in service to 3 years, 
8 months, and 5 days.  The applicant did not contest the 120 days of lost time.  The 
Board determined there is insufficient evidence to grant relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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.


	  
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.

REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation 635-5 (Separations Processing and Documents), provides for the
preparation and distribution of the DD Form 214.  It states for item 12c amount of 
service this period, computed by subtracting item 12a from 12b.  Lost time under Title
10 USC 972 and non-creditable time after ETS, if any, are deducted. Lost time will be
listed in block 29; other non-creditable time will be identified in item 18.  If Soldier was 
released from active duty because of voided enlistment, enter “00 00 00.”

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170008129


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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