| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Yolanda Maldonado | Member |
APPLICANT REQUESTS: That he be issued a separation document for the time he served in Operation Desert Storm, from July to December 1991.
APPLICANT STATES: In effect, that he has evidence to substantiate that he served on active duty during the time in question.
In support of his request the applicant submits Leave and Earnings Statements showing he was paid from 21 July to 31 December 1991; he submits other financial documents which show he was on active duty during the time in question; he submits the certificate for the Army Commendation Medal he was awarded for his service in a unit in support of Operation Desert Storm from 5 August to 16 December 1991; he submits a Certificate of Achievement dated 15 October 1991 for driving over 12,000 miles during Operation Desert Storm; he submits his active duty orders which show he was ordered to 179 days of active duty commencing on 21 July 1991; and he submits an approved request for leave en route home from Southwest Asia dated 16 December 1991.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army National Guard (ARNG) on 22 July 1987 in pay grade
E-1. He completed his initial entry training and was awarded the military occupational specialty of combat engineer. On 18 January 1989, the applicant was reduced from pay grade E-3 to pay grade E-2 for inefficiency, continual and willful absence. He was issued a General Discharge Certificate from the ARNG on 1 December 1989 and transferred to the Army Reserve (USAR) Control Group (Annual Training).
On 8 February 1991, the applicant entered on active duty in support of Operation Desert Storm. He received an uncharacterized separation from active duty on 12 March 1991.
The last document contained in the applicant’s military records prior to his reenlistment on 5 May 1999 is his 179 day orders to active duty dated 12 July 1991.
In the processing of this case, the Operation Desert Shield/Storm File was reviewed. That file shows that the applicant served in Operation Desert Storm from 1 November 1991 to 31 January 1992.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant has submitted documentation which would indicate that he served on active duty from 21 July to 31 December 1991.
2. However, the Operation Desert Shield/Storm File shows that the applicant served in Operation Desert Storm from 1 November 1991 to 31 January 1992.
3. In addition, it is unclear what happened to the applicant after his leave en route expired. All soldiers are required to be out processed through a separation and transfer point. There is no indication that the applicant ever reported to a separation and transfer point after his leave en route. This could very possibly be the reason he wasn’t issued a separation document for that period of service.
4. Without documentation to show that the applicant reported to a separation and transfer point when his leave expired, the Board cannot say with any degree of certainty that the applicant should have been issued a separation document. Even if it can be shown that he reported to a separation and transfer point, the exact dates of his service are unclear. In order to issue a separation document, the exact dates of entry and separation must be known; approximations or guesses are not acceptable.
5. Therefore, the Board has insufficient documentation in which to grant the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___cjp___ ____wtm_ ___ym __ DENY APPLICATION
| CASE ID | AR2002074859 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030130 |
| 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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