RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 May 2005
      DOCKET NUMBER:  AR20040004298


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 that he receive a DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) for his participation in
Hurricane Carla disaster relief efforts in September 1961.

2.  The applicant states that he performed active Federal service in Texas
during the period 9-21 September 1961 in support of disaster relief efforts
following Hurricane Carla striking the Texas coast.

3.  The applicant provides:

      a.  An unidentified document which appears to be an annual historical
report for the Texas Army National Guard for Fiscal Year 1961.

      b.  A copy of General Orders Number 106, State of Texas Adjutant
General's Department, dated 22 November 1961, awarding medals to Texas Army
National Guard (TXARNG) personnel for participation in Hurricane Carla
disaster relief efforts.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1961.  The application submitted in this case is
dated 3 June 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 limitations 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 enlisted in the TXARNG for 3 years on 26 October 1960 and
served until discharged on 25 October 1963.  He served with Company A, 1st
Battle Group, 143rd Infantry.

4.  Hurricane Carla made landfall between Port O’Connor and Port Lavaca,
Texas on 11 September 1961. In the open waters of the Gulf of Mexico, Carla
had maximum sustained wind speeds over 150 mph, making it a Category 5
hurricane.  Carla caused widespread devastation with estimated damage costs
exceeding $300 million in Texas, and with 31 known fatalities in the state
of Texas.

5.  In response to the devastation wrought by Hurricane Carla, the TXARNG
called more than 3,000 guardsmen into State service for an average of five
days.

6.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service.  It establishes standardized policy for the preparation of the DD
Form 214.  It states that the DD Form 214 is a synopsis of the Soldier’s
most recent period of continuous active duty and provides a brief, clear-
cut record of active Army service at the time of release from active duty,
retirement or discharge.  DD Forms 214 will be issued only after completing
90 days or more of continuous active duty for training or, if less than 90
days, after completing Initial Active Duty Training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should receive a DD Form 214 for his
participation in the Hurricane Carla Disaster Relief efforts in 1961.

2.  The evidence of records show that the applicant served in the ARNG for
over 3 years.  It also shows that Hurricane Carla disaster relief support
by the TXARNG was accomplished on State activation orders and that the
National Guard was not Federalized.

3.  DD Forms 214 are only issued for active Federal service.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 1961; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 September 1964.  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

__jea___  __lgh___  __lvb___  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.



                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004298                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050505                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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