RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050006193


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Larry Olson                   |     |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 his active duty during the period 26 April
1989 to 25 April 1992 be added to his DD Form 214 (Certificate of Release
or Discharge from Active Duty).

2.  The applicant states that he served during Operation Desert
Shield/Desert Storm.  He believes that the Minnesota Army National Guard
never submitted the paperwork to get these dates added to his DD Form 214.

3.  The applicant provides a copy of his National Guard Bureau (NGB) Form
22 (Report of Separation and Record of Service) for the period ending 15
June 1992; a website regarding award of the National Defense Service Medal;
his Army National Guard Retirement Points History Statement; two Forms W-2
(Wage and Tax Statement) for 1991 and 1992; one page of his DA Form 2-1
(Personnel Qualification Record – Part II); and his DD Form 214 for the
period ending 19 March 1982.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 June 1992.  The application submitted in this case is dated
13 April 2005.

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 enlisted in the Minnesota Army National Guard on 31 July
1981. He was ordered to active duty for training (ADT) on 27 September 1981
and was released from ADT on 19 March 1982.  On the following date, he was
transferred back to the Minnesota Army National Guard.  He was issued a
DD Form 214 which covers this period of ADT.

4.  He was discharged from the Minnesota Army National Guard on 20 February
1987 and he was transferred to the U.S. Army Reserve (USAR) Control Group.

5.  On 26 April 1989, the applicant enlisted again in the Minnesota Army
National Guard.

6.  The Defense Manpower Data Center (DMDC) compiled the Desert
Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one
record for each active duty member who participated in-theater between
2 August 1990 and 31 July 1991 and one record for each Reservist, National
Guard member or retiree who was activated or federalized in response to
Desert Shield/Desert Storm.  A Phase II file lists active duty personnel
who served
in-theater between 1 August 1991 and 31 December 1993.  This database does
not show the applicant served during Desert Shield/Desert Storm.

7.  The applicant's DA Form 2-1 does not show foreign service in Southwest
Asia (SWA) in item 5 (Oversea Service).

6.  The applicant was discharged from the Army National Guard on 15 June
1992.

8.  The applicant's Army National Guard Retirement Points History Statement
prepared on 12 February 2004 shows he was credited with a total of 70
points for active duty from the beginning date of 26 April 1989 to the
ending date of 25 April 1992 to include 17 retirement points for active
duty for retirement year beginning 26 April 1990 and ending 25 April 1991
and 31 retirement points for active duty for retirement year beginning 26
April 1991 and ending 25 April 1992 (during the period of Operation Desert
Shield/Desert Storm).  His records do not contain a DD Form 214 which shows
he served in support of Operation Desert Shield/Desert Storm during this
period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Retirement Points History Statement shows he was
credited with 17 retirement points for active duty for retirement year
beginning 26 April 1990 and ending 25 April 1991 and 31 retirement points
for active duty for retirement year beginning 26 April 1991 and ending 25
April 1992.  There is no evidence of record which indicates the applicant
served in support Operation Desert Shield/Desert Storm.  In addition, his
name is not listed on the DMDC.  Therefore, there is insufficient evidence
in which to grant the applicant's request.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 June 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 June 1995.  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

JS______  PM______  LO______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.




                                  John Slone____________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006193                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123D                               |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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