RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 OCTOBER 2006
DOCKET NUMBER: AR20060000233
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. Rene’ R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Mr. Gerald Purcell | |Member |
| |Ms. Karmin Jenkins | |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 his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show he served in
Desert Shield/Storm.
2. The applicant states he was activated in support of Desert
Shield/Storm.
3. The applicant does not provide any additional documentation in support
of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
that based upon his application, occurred on 26 April 1991. The
application submitted in this case is dated 27 December 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's records show he enlisted in the Regular Army on 26 May
1978. He served on active duty for 3 years and was transferred to the
United States Army Reserve (USAR).
4. The applicant did not provide a DD Form 214, and his records do not
contain one verifying his active duty service while a member of the USAR.
The DD Form 214 in the applicant’s record shows his active duty service in
the Regular Army from May 1978 to May 1981, prior to the Gulf War.
5. The applicant’s records do not contain any mobilization orders, awards,
or any type of evidence to show that he was activated in support of Desert
Shield/Storm. Additionally, the applicant’s name does not appear on the
Gulf War Roster.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence to support the applicant's contention that he
served in Desert Shield/Storm. In fact, there is no DD Form 214 verifying
his active duty while in USAR status.
2. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 April 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
25 April 1994. 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
___JI ___ __GP___ ___KJ___ 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.
______John Infante_________
CHAIRPERSON
INDEX
|CASE ID |AR20060000233 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061012 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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