RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060007195


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 military records be
corrected to show he served a total of 12 years, 1 month, and 27 days of
active and inactive service.  He also requests that his records be
corrected to show his service during Operation Desert Storm.

2.  The applicant states, in effect, that he enlisted in 1981 and served
until 1984, that he enlisted again in 1988 and served until 1995, and that
his National Guard Bureau (NGB) Form 22 shows he served a total of 11
years, 11 months, and 18 days (active and inactive service).  He states the
Department of Veterans Affairs Regional Office in Philadelphia,
Pennsylvania does not have any record of his Desert Storm service from
November 1990 to December 1991 and from 1991 to March 1992.

3.  The applicant provides four DD Forms 214 (Certificate of Release or
Discharge from Active Duty); a DD Form 215 (Correction to DD Form 214); and
a NGB Form 22 (Report of Separation and Record of Service).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
24 March 1995.  The application submitted in this case is dated 9 May 2006.

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 enlisted in the Army National Guard on 17 April 1981 for
a period of 6 years.  He was ordered to active duty on 22 August 1981 for
training and was released from active duty on 27 November 1981.

4.  Item 12c (Net Active Service This Period) on the applicant’s DD Form
214  for the period ending 27 November 1981 shows he served 3 months and 6
days.  Item 12e (Total Prior Inactive Service) on this DD Form 214 show he
served 4 months and 5 days.


5.  The applicant was honorably discharged from the Army National Guard on
9 November 1983 to enlist in the U.S. Army Reserve (USAR) under the delayed
entry program.

6.  Item 11a (Net Service This Period) on the applicant’s NGB Form 22 for
the period ending 9 November 1983 shows he served 2 years, 6 months, and 23
days.

7.  The applicant enlisted in the USAR under the delayed entry program on
10 November 1983 for a period of 6 years.  He enlisted in the Regular Army
on
5 January 1984 for a period of 3 years.  On 7 March 1984, he was discharged
for unsatisfactory performance.

8.  Item 12c on the applicant’s DD Form 214 for the period ending 7 March
1984 shows he served 2 months and 3 days.  Item 12d (Total Prior Active
Service) on this DD Form 214 shows he served 3 months and 6 days.  Item 12e
on this DD Form 214 shows he served 2 years, 5 months, and 13 days.

9.  The applicant enlisted in the Army National Guard on 7 April 1988 for a
period of 4 years.  He was ordered to active duty on 21 November 1990 in
support of Operation Desert Shield/Desert Storm.  He served in Southwest
Asia from
13 January 1991 to 13 May 1991.  On 16 November 1991, he was released from
active duty.

10.  Item 12c on the applicant’s DD Form 214 for the period ending 16
November 1991 shows he served 11 months and 26 days.  Item 12d on this DD
Form 214 appears to erroneously show he served 2 months and 3 days.  Item
12e on this DD Form 214 appears to erroneously show he served 5 years, 4
months, and 2 days.  Item 18 (Remarks) on this DD Form 214 shows the entry,
“SERVICE IN SWA [Southwest Asia] 19910113 TO 19910513.”

11.  The Defense Manpower Desert Shield/Desert Storm database shows the
applicant served in Southwest Asia from 13 January 1991 through 13 May
1991.
12.  The applicant was ordered to active duty on 9 December 1991 and
released from active duty on 22 March 1992.

13.  Item 12a (Date Entered AD [Active Duty] This Period) on the
applicant’s DD Form 214 for the period ending 1 March 1992 erroneously
shows he entered active duty on 18 November 1991.  Item 12b (Separation
Date This Period) on this DD Form 214 erroneously shows he was separated on
1 March 1992.  Item 12c appears to erroneously show he served 3 months and
18 days.  Item 12d on this DD Form 214 appears to erroneously show he
served 1 year, 1 month, and 29 days.  Item 12e on this DD Form 214 appears
to erroneously show he served 5 years, 4 months, and 4 days.

14.  A DD Form 215, dated 23 March 1992, amended the applicant’s DD Form
214 for the period ending 1 March 1992, to show he entered active duty on
9 December 1991 and was released from active duty on 22 March 1992.

15.  On 24 March 1995, the applicant was discharged from the Army National
Guard and as a Reserve of the Army under honorable conditions.

16.  Item 10a (Net Service This Period) on the applicant’s NGB Form 22 for
the period ending 24 March 1995 shows he served 6 years, 11 months, and 18
days. Item 10b (Prior Reserve Component Service) on this NGB Form 22
appears to erroneously show he served 4 years, 8 months, and 24 days.  Item
10c (Prior Active Federal Service) on this NGB Form 22 appears to
erroneously show he served 3 months and 6 days.  Item 10d (Total Service
For Pay) on this NGB Form 22 appears to erroneously show he served 11
years, 11 months, and 18 days.

17.  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.  For Reservists and Guard members the file
includes those persons activated or federalized from 2 August 1990 through
31 December 1991. A Phase II file lists active duty personnel who served in-
theater between 1 August 1991 and 31 December 1993.  There are also
separate files covering calendar years 1994 and 1995.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was last discharged by the Army
National Guard in 1995.  It appears that there are errors in items 12d and
12e on the applicant’s DD Form 214 for the period ending 16 November 1991;
errors in items 12c, 12d, and 12e on the applicant’s DD Form 214 for the
period ending
22 March 1992; and errors in items 10b, 10c, and 10d on the applicant’s NGB
Form 22 for the period ending 24 March 1995.  However, except for the DD
Forms 214, this Board does not have a record of what other active duty
service the applicant may have.  Therefore, his service should be
recalculated by the Army National Guard and his records corrected as
appropriate.

2.  If, after his records are corrected, the applicant still believes his
total service is incorrect, he may reapply to the ABCMR but must provide
evidence of all his claimed service.

3.  Although the applicant contends that he served in Operation Desert
Storm from November 1990 to December 1991 and from 1991 to March 1992, the
Defense Manpower Desert Shield/Desert Storm database shows he served in
Southwest Asia from 13 January 1991 through 13 May 1991.  These dates are
properly reflected in item 18 on the applicant’s DD Form 214 for the period
ending 16 November 1991.  Therefore, there is insufficient evidence on
which to amend his military records to show he served in Southwest Asia on
any other dates.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 24 March 1995; therefore, the time for the
applicant to file a request for correction of any error expired on 23 March
1998.  The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence, it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS_____  LE______  _MF_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the State Army National Guard
records and all Department of the Army records of the individual concerned
be corrected by, after first recalculating his service, amending his DD
Forms 214 for the periods ending 16 November 1991 and 22 March 1992 (items
12c, 12d, and 12e) and his NGB Form 22 (items 10b, 10c, and 10d) for the
period ending 24 March 1995 as appropriate.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
his dates of service during Operation Desert Storm.




                            ___John Slone_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007195                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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