RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 July 2007
	DOCKET NUMBER:  AR20070001919 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Jeanette R. McCants

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his rank as sergeant, pay grade E5; discharge date as 29 October 1993; three bronze service stars on his Southwest Asia Service Medal; and award of the Army Good Conduct Medal.

2.  The applicant states, in effect, that his DD Form 214 does not show his rank as sergeant, his third bronze service star on his Southwest Asia Service Medal, his Army Good Conduct Medal, or his correct date of separation.  He further states that his DD Form 215 (Correction to DD Form 214) does show his Army Good Conduct Medal and third bronze service star. 

3.  The applicant provides copies of his DD Form 214, DD form 215, promotion orders, and discharge orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 28 October 1991, the date of his release from active duty.  The application submitted in this case is dated 24 January 2007.

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.  On 26 September 1984, the applicant enlisted in the United States Army Reserve for 8 years.  He was ordered to initial active duty for training (IADT) effective 1 October 1984.  He completed IADT and was awarded military occupational specialty 31K1O (Combat Signaler).  He attained the rank of specialist, pay grade E4 on 6 November 1988.






4.  On 20 September 1990, the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm.  He served in Southwest Asia during the period from 7 October 1990 to 10 June 1991, participating in the Defense of Saudi Arabia Campaign (2 August 1990 to 16 January 1991); the Liberation and Defense of Kuwait Campaign (17 January to 11 April 1991; and the Cease-fire Campaign (12 April 1991 to 30 October 1995).

5.  Orders Number 39-4, 321st Material Management Center, dated 7 June 1991, as amended by Orders Number 39-05, dated 7 June 1991, promoted the applicant to the rank of sergeant, pay grade E5, with a date of rank and effective date of 1 June 1991.

6.  Orders Number 189-41, Headquarters, Fort Devens, Fort Devens, Massachusetts, dated 24 September 1991, released the applicant from active duty and directed that he contact his Reserve unit for further instructions.  He had completed 1 year, 1 month, and 9 days of creditable active duty during this period of service. 

7.  Orders Number 94-020-001, Headquarters, United States Army Reserve Command, Atlanta, Georgia, dated 29 October 1993, honorably discharged the applicant from the United States Army Reserve on 29 October 1993.

8.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that after a Soldier departs the transition center and/or if distribution of the
DD Form 214 has been made, corrections to the DD Form 214 are to be placed on a DD Form 215.  A new DD Form 214 is authorized when two DD Forms 215 have been issued and an additional correction is required or when the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant had been promoted to sergeant, pay grade E5 prior to his release from active duty.  Therefore, his
DD Form 214 should be corrected to show his proper rank. 

2.  The evidence of record clearly shows that the applicant served on active duty from 20 September 1990 to 28 October 1991 and was then released back to his Reserve unit.  However, there is no available evidence showing that he continued on active duty during the period from 29 October 1991 to his discharge from the USAR on 29 October 1993.  Therefore, his request to change his date of release on his DD Form 214 should not be granted.
3.  The evidence of record clearly shows that the applicant's Army Good Conduct Medal and Southwest Asia Service Medal with three bronze service stars has been properly annotated on his DD Form 215.  Therefore, with regard to these awards, no further action is necessary.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 October 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
27 October 1994.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JRM __  __JCR __  __TMR      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 all Department of the Army records of the individual concerned be corrected by showing in Items 4a, 4b, and 12h of his DD Form 
214 his rank as sergeant; pay grade as E5; and effective date of pay grade as 
1 June 1991.

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 the changing of his date of release from active duty and correction of his Army Good Conduct Medal and Southwest Asia Service Medal.




____    Jeanette R. McCants____
                         CHAIRPERSON


INDEX

CASE ID
AR20070001919
SUFFIX

RECON
 
DATE BOARDED
20070731 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.