RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         07 OCTOBER 2004
      DOCKET NUMBER:  AR2004102401


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Patrick McGann                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army Good Conduct Medal, Army
Commendation Medal, National Defense Service Medal, Georgia Army National
Guard medals, and medals that she earned during Operation Desert
Shield/Desert Storm – Bronze Star Medal, Presidential Unit Citation, and
Meritorious Unit Commendation.

2.  The applicant states that the awards were omitted from her records.

3.  The applicant provides a copy of her DD Form 214 (Certificate of
Release or Discharge from Active Duty), a copy of a letter from the
National Personnel Records Center concerning her records, a copy of a
reassignment order and the amendment thereto, and a copy of a discharge
order.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1989.  The application submitted in this case is
dated       2 January 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's complete official military personnel records (OMPF) are
not available.  The evidence in this case is essentially that submitted by
the applicant.

4.  The applicant enlisted in the Army for three years on 1 April 1986.
She was released from active duty on 31 March 1989 at Fort Myer, Virginia.
Her            DD Form 214 shows that she was a military police Soldier,
and that she had completed a 17-week law enforcement course in July 1986.
She was awarded the Army Service Ribbon and the Driver and Mechanic Badge.
She had no overseas service.

5.  On 1 April 1989 she enlisted in the Georgia Army National Guard for
five years.  On 3 May 1994 the applicant was discharged from the Army
Reserve.  She had completed her 8-year statutory military service
obligation.

6.  There is no evidence and the applicant has not submitted any, which
adequately reflects her military service.

DISCUSSION AND CONCLUSIONS:

1.  Because the applicant's complete record of military service is not
available, and because the applicant has not provided any adequate evidence
regarding her service, her entitlement to the requested awards cannot be
confirmed.  Consequently, her request for those awards cannot be granted.


2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1989; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         30 March 1992.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WM__  ___PS __  ___PM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Walter Morrison_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102401                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041007                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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