IN THE CASE OF:	  

		BOARD DATE:	       11 September 2008

		DOCKET NUMBER:  AR20080004183 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the dates he entered active duty and separated from active duty on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 14 June 1991 be corrected.

2.  The applicant states that his DD Form 214 should be corrected to show he went on active duty on 22 May 1991 and his separation date from active duty should read 9 October 1991. 

3.  The applicant provides his DD Form 214 with the period ending 14 June 1991; U.S. Army Reserve Personnel Center Orders M-12-161767A01, dated 
22 May 1991; U.S. Total Army Personnel Command Orders A-06-014363, dated 11 June 1991; and Headquarters, U.S. Army Training Center and Fort Jackson Orders 206-803, dated 7 October 1991.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 


substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant had prior service.  He enlisted in the U.S. Army Reserve on 
26 January 1982.  

3.  U.S. Army Reserve Personnel Center Orders M-12-161767A01, dated 
22 May 1991, amended orders number M-12-161767, dated 20 January 1991 (the January orders are not available).  This order changed the applicant's reporting date of 31 January 1991 and reporting station at Fort Eustis, Virginia, to reporting at Fort Jackson, South Carolina, on or before 10 June 1991.  

4.  On 9 June 1991, the applicant entered active duty.  

5.  The applicant's Noncommissioned Officer Evaluation Report (NCOER) with rating period ending September 1991 shows that he was deployed to the Southwest Asia Theater of Operations.

6.  Headquarters, U.S. Army Training Center and Fort Jackson Orders 206-803, dated 7 October 1991 shows that the applicant was released from active duty on 9 October 1991. 

7.  Item 12a (Date entered AD this Period) of the applicant's DD Form with the period ending 14 June 1991 shows the entry "91" year(s) "06" month(s) and "09" day(s).  Item 12b (Separation Date this Period) shows the entry "91" year(s) "06" month(s) and "14" day(s).  Item 12b (Net Active Service this Period) shows the entry "00" year(s) "00" month(s) and "06" day(s).  Item 12f (Foreign Service) shows the entry "00" year(s) "00" month(s) and "00" day(s).  Item 18 (Remarks) shows that the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm.

8.  The applicant's name appears in the Persian Gulf War Roster for service in the Southwest Asia Theater of Operations from 29 June 1991 through 3 October 1991.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the date entered active duty on his DD Form 
214 with the period ending 14 June 1991 should show he entered active duty on 
22 May 1991 instead of 9 June 1991.  Orders dated 22 January 1991 amended earlier orders, but there is no evidence of record to show he was ordered to active duty with a reporting date of 22 May 1991.  Orders show the applicant was to report to active duty no later than 10 June 1991.  It appears he entered active duty on 9 June 1991.  Therefore, the date entered active duty on his DD Form 214 is presumed to be correct.

2.  The Persian Gulf War Roster shows that the applicant deployed to the Southwest Asia Theater of Operations and Headquarters, U.S. Army Training Center and Fort Jackson Orders 206-803 show that the applicant was released from active duty on 9 October 1991, not on 14 June 1991.  Based on these documents the applicant's separation date on his DD Form 214 should be corrected to read 9 October 1991, the net service on his DD Form 214 should be changed to 0 years, 4 months, and 1 day, and the foreign service of his DD Form 214 should be corrected to read 0 years, 3 months, and 5 days.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xx____  __xx____  ___xx___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

		a.  deleting the entry in item 12b of applicant's DD Form 214;
	
		b.  amending his DD Form 214 in item 12b  to add "91" year(s), "10" month(s), and "09" day(s);

		c. deleting the entry in item 12c of his DD Form 214;

		d.  amending his DD Form 214 in item 12c to add "00" year(s), "04" month(s), and "01" day(s)

		e.  deleting the entry in item 12f  of his DD Form 214; and  
	
		f.  amending his DD Form 214 in item 12f to add "00" year(s), "03" month(s), and "05" day(s).

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 changing the date entered active duty on his DD Form 214.



      _________xxxx_________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004183



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ABCMR Record of Proceedings (cont)                                         AR20080004183



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