RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:           8 July 2004
      DOCKET NUMBER:   AR2004100489


      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. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Gail J. Wire                  |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 his 6 April 1991 DD Form 214 (Certificate
of Release or Discharge From Active duty) be corrected to show he was
called to active duty by order of the President.

2.  The applicant states that his unit was ordered to active duty in
support of Desert Storm and that without the notation he cannot receive VA
(Department of Veterans Affairs) benefits.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 April 1991, the date of his release for active duty.  The
application submitted in this case is dated 13 October 2003.

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 record shows that the applicant enlisted in the Georgia Army
National Guard (GAARNG) on 30 November 1989.  He entered initial active
duty for training (IADT) on 2 August 1990 and successfully completed basic
and advanced individual training.  Upon release from IADT he was assigned
to the 2nd Battalion (Mechanized), 121st Infantry, GAARNG.

4.  The applicant's records are incomplete.  However, the file contains a
copy of Headquarters, 24th Infantry Division, Fort Stewart, Georgia,
Permanent Orders 36-4, dated 1 April 1991, that directed the demobilization
of personnel.  The applicant was to be released from active duty not
earlier than 27 March 1991.

5.  The record contains a Certificate of Service issued by Headquarters,
24th Infantry Division for faithful and exemplary performance of duty with
the "Victory Division" during Operation Desert Shield.  It was awarded to
the applicant on 5 April 1991.

6.  The applicant's 6 April 1991 DD Form 214 states, in the remarks
section, that the applicant had completed the period of service for which
he had been ordered to active duty.  It also states that a DD Form 215
(Correction of a DD Form 214) would be issued to correct and/or provide
missing information.  The 2 March 1993 DD Form 215 corrected only the item
12a (Date Entered AD This Period), 12c (Net Active Service This Period),
12d (Total Prior Active Service), and 12e (Total Prior Inactive Service)
entries.

7.  A review of the unit history for the 2nd Battalion (Mechanized), 121st
Infantry GAARNG indicates it was mobilized in support of Operation Desert
Shield on 30 November 1990 and was assigned to the 24th Infantry Division
(Mechanized), which was the heavy element of the 18th Airborne Corps.

8.  A National Guard Bureau memorandum, dated 22 October 1991, states that
"…As a minimum …Item # 18, Remarks, will contain the statement "ORDERED TO
ACTIVE DUTY IN SUPPORT OF OPERATION DESERT STORM/SHIELD IAW 10 USC
673b/673/672" (as appropriate)…soldiers ordered to active duty prior to 19
January 1991 the proper authority is 10 USC 673b.…"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record is sufficient to show that the applicant was a
part of the 2nd Battalion (Mechanized), 121st Infantry Regiment (GAARNG)
when it was ordered to active duty by the President.

2.  The record shows that, on 30 November 1990, the 121st Infantry GAARNG
was mobilized and assigned to the 24th Infantry Division for service during
Operation Desert Shield.

3.  The 24th Infantry Division recognized the applicant for his service
with that unit in support of Operation Desert Shield on 5 April 1991.

4.  His DD Form 214 indicates that additional information was to be added
at a later date, however, the correction to Item 18, Remarks, did not
occur.

5.  Therefore, the applicant's DD Form 214 at Item 18 should be corrected
to include the statement "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION
DESERT STORM/SHIELD IAW 10 USC 673b."

BOARD VOTE:

__KAN__  __WDP__  __GJW__  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse the failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing at Item 18, on his DD Form 214
reads "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT STORM/SHIELD
IAW 10 USC 673b."





            _  Kathleen A. Newman__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100489                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040708                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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