IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090001235
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, in effect, credit for active duty service and promotions.
2. The applicant states, in effect, that she served on active duty at the California Army National Guard (CAARNG) Headquarters, Sacramento, California, between the fall of 1987 and spring of 1988 and was promoted to corporal during this active duty period.
3. The applicant provides no documentary evidence in support of her application.
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 record shows that she enlisted in the CAARNG on 27 January 1987 in the rank of private first class (PFC)/E-3 and entered active duty to attend initial active duty for training (IADT) on 2 February 1987. She served on active duty for 4 months and 26 days until 27 June 1987, at which time she was released from active duty and returned to her CAARNG unit. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows she was awarded military occupational specialty (MOS) 71L (Administrative Specialist) and had earned the Army Service Ribbon and Marksman Marksmanship Qualification Badge with Rifle Bar during her active duty tenure.
3. The applicant's official military personnel file (OMPF) contains State of California, Office of The Adjutant General, Sacramento, California, Permanent Orders 66-5, dated 7 December 1987, which awarded the applicant, then a member of the 49th Personnel Services Company (PSC), the California Commendation Medal for the period 31 August 1987 through 18 October 1987. These orders listed the applicant's rank as specialist (SPC)/E-4.
4. The applicant's OMPF is void of promotion orders or recommendations for the applicant's promotion to SPC or to any grade above PFC. However, the OMPF does contain 49th PSC Orders 3-1, dated 1 April 1989, which directed the applicant's reduction from SPC to PFC by reason of inefficiency (continued and willful absences from assemblies).
5. The applicant's OMPF also contains 49th PSC Orders 15-1, dated 8 July 1989, which directed the applicant's reduction from PFC to private(PV2)/E-2, by reason of inefficiency (continued and willful absences from assemblies).
6. The applicant's OMPF is void of any documents or orders that indicate the applicant was ever ordered to active duty for any reason other than annual training or that she ever served a period of active duty for which a DD Form 214 was issued subsequent to her completion of IADT on 27 June 1987.
7. On 30 March 1990, the applicant was discharged from the CAARNG with a general under honorable conditions discharge by reason of unsatisfactory participation. The NGB Form 22 (Report of Separation and Record of Service) issued to her upon this discharge shows she held the rank of PV2 and that she had completed a total of 3 years, 2 months, and 4 days of military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that active duty service and promotions should be added to her record was carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record fails to show the applicant ever held a grade above SPC during her military service and that she was, in fact, reduced from this grade to PFC on 1 April 1989 and from PFC to PV2 on 8 July 1989 by reason of inefficiency (continuous and willful absences from assemblies). Further, her OMPF is void of any orders or other documents that indicate she ever served a period of active duty other than active duty for training for which a DD Form 214 was issued subsequent to her REFRAD upon completion of IADT on 27 June 1987. As a result, absent any evidence of record or independent evidence provided by the applicant that shows she was promoted to a grade above SPC or that she completed additional periods of active duty service, there is an insufficient evidentiary basis to support granting the requested relief.
3. 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 the aforementioned 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) AR20090001235
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ABCMR Record of Proceedings (cont) AR20090001235
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