IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080016213
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 her dates of service be corrected on her
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 August 1991.
2. The applicant states she never had a break in service from June 1990 to June 1998.
3. The applicant provides, in support of her application, copies of her
DD Form 214 with a separation date of 15 August 1991 and her discharge orders issued by Headquarters, 377th Theater Army Area Command, New Orleans, Louisiana.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military personnel records show she enlisted in the U.S. Army Reserve (USAR) on 21 June 1990 for a period of 8 years. She entered her initial active duty for training on 11 July 1990. She completed her advanced individual training, was awarded the military occupational specialty (MOS) of 71L (administrative specialist), and was released from active duty on 10 November 1990. She had completed 4 months of active service. She was issued a DD Form 214 for this period of active service.
3. On 6 December 1990, the applicant was ordered to active duty for a period of 180 days in support of Operation Desert Shield/Desert Storm. She was released from active duty on 15 August 1991. She had completed 8 months and 10 days of active service that was characterized as honorable. She was issued a DD Form 214 for this period of active service. The DD Form 214 also shows the applicant's 4 months of prior active service and 1 month and 14 days of prior inactive service. Item 18 (Remarks) of her DD Form 214 shows she served in Southwest Asia from 25 December 1990 to 18 July 1991.
4. The applicant's military personnel record does not show any further periods of active duty of 90 days or more.
5. On 20 June 1998, the applicant was discharged from the USAR.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Reserve components called or ordered to active duty or active duty for training (ACDUTRA) for a period of 90 days or more.
7. Army Regulation 635-5 also provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 with an effective date of 15 August 1991 shows she completed 8 months and 10 days of active service during the period covered by the DD Form 214 and 4 months prior active service. Therefore, this record of active service is determined to be correct. The DD Form 214 also correctly reflects the applicant's prior inactive service of 1 month and 14 days.
2. The applicant's records do not show any further periods of active duty for
90 days or more. Therefore, no subsequent DD Forms 214 would have been issued.
3. The applicant's remaining inactive service from 16 August 1991 to 20 June 1998 is not be reflected on her DD Form 214 with a separation date of 15 August 1991 because it occurred subsequent to her release from active duty.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_________X_____________
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) AR20080016213
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080016213
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