RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 August 2005
      DOCKET NUMBER:  AR20040009808


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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, in effect, that her report of separation (DD
Form 214) be corrected to reflect all of her authorized awards and that she
was called to active duty by the President.

2.  The applicant states, in effect, that her DD Form 214 does not reflect
all of her awards and the fact that she was called to active duty by the
President.

3.  The applicant provides a copy of her DD Form 214 and Personnel
Qualification Record (DA Form 2-1).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 March 1991.  The application submitted in this case is dated
13 October 2004 and was received on 10 November 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.  She enlisted in the United States Army Reserve (USAR) on 6 July 1983
and was ordered to initial active duty for training (IADT) on 1 December
1983.  She completed her basic combat training at Fort Dix, New Jersey and
her advanced individual training at Fort Lee, Virginia.

4.  On 12 April 1984, she was honorably released from IADT and was
transferred back to her USAR unit.  She remained in the USAR and was
advanced to the pay grade of E-4 on 1 June 1986.

5.  On 29 January 1991, the applicant’s unit in Columbus, Ohio, published
orders which ordered the unit ( a USAR 1,000 bed hospital) and 13 members,
which included the applicant, to active duty for a period of 365 days.  The
orders directed that she report to her unit on 1 February 1991 and to Fort
Lee on 4 February 1991.  The orders do not specify the Operation the unit
was ordered to support nor does it contain the authority for calling the
unit to active duty.
6.  On 8 March 1991, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, paragraph 6-3b(2), for sole
parenthood.  She had served 1 month and 8 days of active duty during her
call up.  The DD Form 214 issued at the time of her discharge shows that
she was awarded the Army Service Ribbon, the National Defense Service
Medal, and the Army Reserve Components Achievement Medal.

7.  A review of her Official Military Personnel File (OMPF) fails to show
that the applicant received any additional awards that are not listed on
her DD Form 214. Additionally, her records do not contain any information
regarding the reason for her call to active duty.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

2.  The applicant has failed to show through evidence submitted with her
application or the evidence of record that she received any awards that
were omitted from her DD Form 214.

3.  Additionally, she has failed to show that she was ordered to active
duty as a result of a Presidential call-up and that it should be added to
her DD Form 214.  Therefore, lacking evidence to establish the basis for
her call to active duty, it must be presumed that her DD Form 214 is
correct.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 March 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 7 March 1994.  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

__jev___  __rjw___  __rr____  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. Vick
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009808                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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