RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2007
DOCKET NUMBER: AR20060013783
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. James Vict
Chairperson
Mr. Patrick McGann
Member
Mr. Gerald Purcell
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 was not transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) (i.e. the Individual Ready Reserve (IRR)) on 18 April 1968 due to unsatisfactory performance.
2. The applicant states, in effect, that he was improperly reassigned to the IRR due to unsatisfactory participation on 16 April 1998. He states that from
30 March 1997 through 15 December 1997 he was deployed to Germany in support of Operation Joint Guard/Joint Endeavor and that his active Reserve contract was up in November 1997.
3. The applicant provides numerous 1997 orders pertaining to his deployment to Germany; orders, dated 22 November 1997; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) Worksheet.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 12 October 1999. The application submitted in this case is dated 28 August 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 applicants failure to timely file.
3. The applicant enlisted in the USAR on 11 October 1991 for a period of
8 years. He trained as a medical specialist, a behavioral science specialist, and a mental health specialist.
4. On 10 March 1997, the applicant was released from the 55th Medical Company and assigned to the 55th Detachment 1 for Operation Joint Guard. On 3 April 1997, the applicant was ordered to active duty in support of Operation Joint Endeavor/Guard.
5. Orders, dated 22 November 1997, stated the applicant would be released from active duty on 15 December 1997 and assigned to the 55th Medical Company, Detachment 1 in Indianapolis, Indiana.
6. On 15 December 1997, the applicant was released from active duty.
7. Item 9 (Command to Which Transferred) on his DD Form 214 for the period ending 15 December 1997 shows that he was transferred to the 55th Medical Company, Detachment 1 in Indianapolis, Indiana.
8. 88th Regional Support Command Orders 106-54, dated 16 April 1998, show the applicant was released from the 55th Medical Company for unsatisfactory participation and assigned to the USAR Control Group (Annual Training).
9. On 12 October 1999, the applicant was honorably discharged from the USAR.
10. Paragraph 2-1 of Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) states, in pertinent part, that on and after 1 June 1984 all Soldiers incurred an 8-year statutory military service obligation.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that his active Reserve contract was up in November 1997, evidence of record shows he enlisted on 11 October 1991 with an 8-year military service obligation.
2. Evidence of record shows the applicant was released from active duty on
15 December 1997, not the USAR, and transferred back to his troop program unit (55th Medical Company, Detachment 1 in Indianapolis, Indiana). Evidence of record shows he was assigned to the IRR on 16 April 1998 for being an unsatisfactory participant. The applicant provided no evidence or explanation as to why he did not know he had been transferred back to his troop program unit when both his release from active duty orders and his DD Form 214 clearly stated he was.
3. Evidence of record also shows the applicant was honorably discharged from the USAR at the end of his statutory military service obligation on 12 October 1999. Based on the foregoing, there is no basis for granting the applicants request.
4. Records show the applicant should have discovered the alleged error now under consideration on 12 October 1999; therefore, the time for the applicant to file a request for correction of any error expired on 11 October 2002. 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
JV____ __PM____ _GP_____ 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.
______James Vick______
CHAIRPERSON
INDEX
CASE ID
AR20060013783
SUFFIX
RECON
DATE BOARDED
20070424
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
135.0100
2.
3.
4.
5.
6.
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