RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060016876 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

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 DA Form 2-1 (Personnel Qualification Record-Part II) and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the active duty service he performed from 12 February 1990 to 22 June 1992.

2.  The applicant states, in effect, that his active duty status was never posted to his DA Form 2-1, and he states he never received a DD Form 214 for his active duty service.  He adds that he was a civilian employee working at the unit during his period of active duty.

3.  The applicant provides a copy of a written statement.  In his statement, he states that information from his military personnel records and health records are missing.  He states that none of his active duty time was posted to his records for his service at U.S. Army Special Operations Command (SOC), or U.S. Army Civil Affairs and Psychological Operations Command.  He adds that letters of appreciation, commendation and service medals, and retirement point credits are missing from his records.

4.  He further states that information about his hospitalization and medical treatment for a neurosis's event caused by an environmental exposure to some type of agent was removed from his medical records.  He states he would like an investigation into the matter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on  
22 June 1992, the date the applicant contends he was released from active duty. The application submitted in this case is dated 6 September 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's records show that he entered active duty on 8 April 1982.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 75C1O (Personnel Management Specialist).  He was honorably released from active duty on 7 April 1987 after serving a total of 4 years, 11 months, and 30 days of active service.

4.  The United States Army Reserve Forces-Puerto Rico Orders 146-3, dated  
19 December 1990 shows that the applicant was released from the 432nd Transportation Company and was reassigned between Troop Program Units to the United States Reserves (USAR) SOC, effective 3 December 1990.  The additional instructions state "This action does not affect your current active duty status."

5.  While he was assigned to the USAR SOC, he was ordered to Annual Training for 15 days on 13 May 1991 and he was ordered to Annual Training for 14 days on 12 May 1992.

6.  The United States Army Civil Affairs and Psychological Operations Command Orders 119-05, dated 30 June 1992, shows that the applicant was voluntarily reassigned to the United States Army Reserve Control Group (Reinforcement), effective 5 June 1992.

7.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that a DD Form 214 will be prepared and issued for Reserve Component Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was ordered to Annual Training for  
15 days on 13 May 1991 and for 14 days on 12 May 1992.  There are no orders in the applicant's military service records that show he was ordered to ADT during the period 12 December 1990 to 22 June 1992. 

2.  In order for a Reserve Component Soldier to receive a DD Form 214 for ADT, he or she must complete 90 days or more of continuous ADT.  As such, the applicant was properly not issued a DD Form 214 for any period of active duty from 12 December 1990 to 22 June 1992.

3.  The United States Army Reserve Forces-Puerto Rico Orders 146-3, dated  
19 December 1990, additional instructions state "This action does not affect your current active duty status."  However, there is no evidence in the applicant's military service records that indicates he was on active duty.

4.  The ABCMR is not the custodian for military personnel records.  Also, since the DA Form 2-1 is not normally accessible by individuals other than the Soldier after separation there is no reason to correct the DA Form 2-1.  As such, the applicant is not entitled to correction of his DA Form 2-1.

5.  The Board is unable to assist the applicant in locating missing records.  It is recommended that he contact the commands which issued the missing orders or who recorded the drill attendance to reconstruct these records.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 June 1992; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
4 June 1995.  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

___rch___  ___mkp_  ____rdg__  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.




__________Margaret K. Patterson___
          CHAIRPERSON




INDEX

CASE ID
AR20060016876
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070614
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.

2.

3.

4.

5.

6.