RECORD OF PROCEEDINGS


IN THE CASE OF:

BOARD DATE:            06 JULY 2006
DOCKET NUMBER:         AR20050017074

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. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 report of separation (DD Form 214) be
corrected to reflect all of his service up to the time of his discharge,
awards of the Reserve Overseas Training Ribbon (ROTR) and National Defense
Service Medal and his Reserve service in Honduras in 1989.

2. The applicant states that his DD Form 214 does not reflect all of his
Reserve service and awards or his service in Honduras.  He further states
that he was a drilling Reservist during Desert Shield/Storm and should have
received the award of the National Defense Service Medal (NDSM).

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 February 1989.  The application submitted in this case is
dated 18 November 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 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 was commissioned as a United States Army Reserve (USAR)
second lieutenant on 11 June 1988.  He was ordered to active duty for
training (ADT) on 27 September 1988 to attend the military police officer
basic course at Fort McClellan, Alabama.  He completed his ADT and was
honorably released from ADT (REFRADT) on 4 February 1989 and was
transferred to the USAR Control Group (Annual Training).  He was promoted
to the rank of first lieutenant on 24 May 1991.

4.  His DD Form 214 issued at the time of his REFRADT reflects his awards
of the Army Service Ribbon and Sharpshooter Marksmanship Badge.  It also
reflects his service (both active and inactive) up to the time of his
REFRADT.

5.  On 10 June 1996, he was honorably discharged from the USAR upon
completion of his statutory service obligation.

6.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect information that is current as of the effective date
of release from active duty or discharge.  Changes or events that occur
after the effective date of separation are not authorized to be entered on
the DD Form 214 at a later date.  Any subsequent events or changes such as
awards, service, education and promotions will be reflected on the next
report of separation that is prepared if the individual concerned enters
active duty for a period that is sufficient to qualify for the issuance of
a DD Form 214.

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 applicable regulation prohibits correction of a DD Form 214 to
reflect data that was not in effect at the time the DD Form 214 was issued.
 Inasmuch as all of the data the applicant is requesting to be added to his
DD Form 214 occurred after the effective date of the DD Form 214, there is
no basis to grant his request.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 June 1996; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 June 1999.  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

____EA _  ____MF_   ____DP _  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.



                             ______Eric Andersen_____
                                  CHAIRPERSON

INDEX
|CASE ID                 |AR20050017074                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19890204                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |                                        |
|1.110.0000              |189/corr 214                            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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