DOCKET NUMBER:  AR20090001724 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

   a.  an increase in her rank and pay grade from private first class (PFC)/pay grade E-3 to an unspecified rank and pay grade;

	b.  the time period during which she was mobilized and served on active duty in support of Operation Desert Storm;

	c.  her social security account number as "001-XX-XXXX"; and

   d.  her effective discharge date from active duty was the same date as her separation date from United States Army Reserve, 23 September 1997.

2.  The applicant states, in effect, that she has been trying to have her record corrected for years and that she has also solicited the assistance of a Member of the United States Senate in an effort to obtain relief.  She continues that her unit never updated her rank or any of her documentation during her tenure in the military.  The applicant also states that she was ordered to active duty as a National Guard member during Operation Desert Storm while she was assigned to the 855th Military Police Company.  She adds that the unit went through many months of preparation and when the unit deployed overseas, her commander allowed her to stay stateside to pick up Soldiers who were absent without leave (AWOL) during the period of mobilization.  The applicant continues that she desires to have her proper social security account number reflected on her DD Form 214 in order to prevent loss of the benefits she was promised.  She concludes that she is anxious to have her record corrected as soon as possible because the Department of Veterans Affairs (VA) needs her corrected DD Form 214 in order to issue her a Certificate of Eligibility for a VA mortgage loan. 

3.  The applicant provides copies of a DA Form 873 (Certificate of Clearance and/or Security Determination), a Fort McClellan Form 867-R (Certificate of Achievement), a DA Form 5286-R (Individual Training Record), Fort McClellan Form 804-R (United States Army Military Police School Diploma), a DD Form 214, NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), a discharge order, a DD Form 256A (United States Army Honorable Discharge Certificate), two requests for assistance from a Member of the Senate, an Army/American Council on Education (ACE) Registry Transcript, and a history of the military police extracted from the Internet as 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 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's record shows she enlisted in the Arizona Army National Guard on 20 September 1989 in the rank of private first class (PFC)/pay grade E-3.

3.  The applicant provides a DA Form 873, dated 21 December 1989, which shows an Entrance National Agency Check investigation was conducted on her following her enlistment in the Army National Guard.  The investigation was completed on 17 October 1989 and final clearance was granted on 5 December 1989.  The applicant's social security account number appears as "001-XX-XXXX" on this form.

4.  The applicant provides a Fort McClellan Form 867-R, dated 13 December 1989, which, in pertinent part, shows her rank as PFC.

5.  The applicant provides an automated DA Form 5286-R, dated February 1990, which shows the tasks and test completion dates for her initial entry training.  The completion dates range from 17 October 1989 through 27 February 1990.  The applicant's social security account number appears as "001-XX-XXXX" on this form.

6.  The applicant provides a Fort McClellan Form 804-R, dated 28 February 1990, which shows she graduated from the Basic Military Police Course that was conducted during the period of 20 October 1989 through 28 February 1990.  The applicant's social security account number appears as "001-XX-XXXX" on this form.

7.  The applicant's record contains a DD Form 214 which shows she served on active duty for the purpose of attending a 17-week Law Enforcement Course for the period of 11 October 1989 through 1 March 1990, a total of 4 months and 21 days.  The applicant's social security account number appears as "001-XX-XXXX" on this form.  This DD Form 214 shows the applicant had been awarded primary military occupational specialty (MOS) 95B (Military Police).  This form also shows the applicant held the rank of PFC at the time of her release from active duty and transfer to the 855th Military Police Company based in Phoenix, Arizona.

8.  The applicant's record contains an NGB Form 22 rendered for the period of service from 20 September 1989 through 18 January 1991.  The applicant's social security account number erroneously appears as "004-XX-XXXX" on this form.  Item 18 (Remarks) of this form show the applicant completed her initial active duty training during the period of 11 October 1989 through 1 March 1990.  This form also shows the applicant's primary MOS at the time was 95B.  This form further shows the applicant held the rank of PFC at the time of her release from the Arizona Army National Guard and transfer to the United States Army Reserve Control Group (Annual Training) for completion of her remaining statutory obligation of 6 years, 8 months, and 1 day.

9.  The applicant's record contains an Army National Guard Current Annual Statement, dated 7 March 1991, which shows she was a member of the Army National Guard during the period of 20 September 1989 through 18 January 1991.  This form also shows the applicant completed her initial entry training during the period of 11 October 1989 through 1 March 1990.  This form further shows the applicant held the rank of PFC at the time of her release from the Arizona Army National Guard.  The applicant's social security account number appears as "001-XX-XXXX" on this form.

10.  The applicant's record contains United States Army Reserve Personnel Center, Saint Louis, Missouri, Orders D-09-772115, dated 23 September 1997, which shows she was honorably discharged from the United States Army Reserve effective 23 September 1997.  These orders show the applicant held the rank of PFC at the time of her discharge.  The applicant's social security account number appears as "001-XX-XXXX" on these orders.

11.  The applicant provides a DD Form 256A that was issued to commemorate her honorable discharge from the United States Army on 23 September 1997.  This certificate shows the applicant held the rank of PFC at the time of her discharge.  The applicant's social security account number appears as "001-XX-XXXX" on this certificate.

12.  The applicant's record contains a United States Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points), dated 23 April 2009, which show a summary of the applicant's retirement credits as received by the Command.  This form shows the applicant was not credited with any points for the performance of active duty service during the period of 20 September 1990 through 23 September 1997.  

13.  The applicant provides a copy of a request for assistance she submitted to a Member of the Senate, dated 28 February 2005.  The applicant requested assistance with obtaining a DD Form 214 documenting her mobilization in support of Operation Desert Storm with the 855th Military Police Company based in Phoenix, Arizona.

14.  Review of the United States Army Human Resources Command - Integrated Web Services revealed that an audit of the applicant's military pay records revealed that she had a total of 4 months of prior active duty service and that there was no indication that it pertained to service in support of Operation Desert Shield or Operation Desert Storm. 

15.  United States Army Human Resources Command, Saint Louis, Missouri, letter, dated 22 April 2005, was rendered by the Director of Personnel Actions and Services in response to an inquiry from the Senator.  The Director of Personnel Actions and Services informed the Senator that numerous searches had been conducted at the Command in an attempt to locate the applicant's records with negative results.  However, they were able to obtain a copy of her records from the Arizona State Adjutant General's Office and provided a copy to the Senator for further dissemination to the applicant.


16.  The applicant provides a copy of a request she submitted to the National Archives and Records Administration, dated 15 December 2007.  The applicant requested assistance with obtaining a DD Form 214 documenting her mobilization in support of Operation Desert Storm with the 855th Military Police Company based in Phoenix, Arizona.  She also stated, in effect, that she needed an updated DD Form 214 which showed that following her transfer to the Army Reserve, she had reclassified into MOC 91C (Practical Nurse) within the Army Reserve Nurse Corps and served in that capacity until she was discharged from the Army Reserve in September 1997.  The applicant further stated that she needed the updated DD Form 214 in order to obtain employment with the Department of Veterans Affairs.  She added that her social security account number on the DD Form 214 she received from the Arizona Army National Guard was erroneously shown as "004-XX-XXXX" when, in fact, it should be "001-XX-XXXX."  The applicant made reference to enclosures, but did not identify them, and there is no evidence that they were provided with her application to the ABCMR.

17.  Departments of the Army and the Air Force, Joint Force Headquarters - Arizona, Phoenix, Arizona, letter, dated 18 December 2007, was rendered by the Manager of the Records Holding Military Division in response to the applicant's inquiry to the National Archives and Records Administration.  This letter shows the applicant was furnished certified copies of her NGB Form 22, DD Form 214, DA Form 2-1 (Personnel Qualification Record), and a Current Annual Statement for her service in the Arizona Army National Guard.

18.  The applicant provides a copy of a request for assistance she submitted to a Member of the Senate, dated 4 August 2008.  The applicant requested assistance with obtaining a DD Forms 214 documenting her mobilization in support of Operation Desert Storm with the 855th Military Police Company based in Phoenix, Arizona, and her subsequent service in the United States Army Reserve as a Practical Nurse.  She also requested to have her DD Form 214 corrected to show her proper social security account number and rank.  The catalyst for the applicant's request was in order to obtain a VA mortgage loan.  The applicant made reference to enclosures, but did not identify them; therefore, there is no way to determine if copies were provided with her application to the ABCMR.

19.  The applicant provides an Army/ACE Registry Transcript, issued 27 February 2007.  This document shows her rank as private first class/pay grade E-3.  This document also shows the applicant completed the Basic Military Police Law Enforcement course during the period of 20 October 1989 through 28 February 1990 and that she held MOS 95B.  This form does not show attendance or completion of any additional MOS producing courses.
20.  The applicant provides four pages of a ten-page document extracted from the Internet entitled, "Military Police History from 1986."  The applicant highlighted the following entries which are contained within the document on the pages indicated:

	a.  Page 3 of 10, "August 2, 1990 - Iraq invades Kuwait.  Within weeks of the invasion U.S. military forces begin deployment to Saudi Arabia, in Operation Desert Shield, including one military police group."

	b.  Page 4 of 10, "February 28, 1991 - Operation Desert Storm ends.  By the end of the war approximately 20,000 military police will have served in the theater of operations.  They will have conducted over 1,000,000 miles of accident free movement and processed over 22,000 EPW's [Enemy Prisoners of War].  The U.S. Forces were supported by the following military police units:…855th MP [Military Police] Company (AZ ARNG) [Arizona Army National Guard]."

21.  A review of documents contained in the applicant's available military personnel records shows that her social security account number consistently appears as "001-XX-XXXX" on all but one document.  The exception is her NGB Form 22 for the period ending 18 January 1991, on which her social security account number is shown as "004-XX-XXXX."

22.  A review of documents contained in the applicant's available military personnel records failed to reveal any evidence that she ever held an MOS other than 95B, that she was promoted, or that she ever held a rank other than PFC.  Additionally, the applicant's record contains no evidence that she served on active duty for any period of time following her completion of initial active duty training.

23.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  This regulation contains no provision for the issuance of a DD Form 214 for the completion of a period of inactive service.


24.  National Guard Regulation 600-200 (Enlisted Personnel Management), in pertinent part, provides that records custodians should prepare an NGB Form 22 for every Soldier being separated from the Army National Guard or released from the custody and control of the military, unless the Soldier is being discharged for the purpose of immediate reenlistment, executes an interstate transfer, or the Soldier dies.  The regulation also provides that when determined from official records that NGB Form 22 contains an error or omission of pertinent facts, discharge authorities may issue NGB Form 22A (Correction of NGB Form 22, Report of Discharge and Record of Service).

25.  Army Regulation 135-178 (Army National Guard and Army Reserve - Separation of Enlisted Personnel) establishes policies, standards, and procedures governing the administrative separation of enlisted Soldiers from the Army National Guard of the United States and the United States Army Reserve.  This regulation, in pertinent part, also provides that on expiration of a period of statutorily obligated service, Soldiers will be issued discharge orders and provided a discharge certificate by the appropriate separation authority.  This regulation contains no provision for the issuance of a DD Form 214 for the completion of a period of inactive service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that her DD Form 214 should be corrected to show:

   a.  an increase in her rank PFC/pay grade E-3 to an unspecified rank and pay grade;

	b.  the time period which she was mobilized and served on active duty in support of Operation Desert Storm;

	c.  her social security account number as "001-XX-XXXX"; and

   d.  her effective discharge date from active duty was the same date as her separation date from United States Army Reserve, 23 September 1997.

2.  There is no evidence in the applicant's available records and she has failed to provide any evidence that show she was promoted or that she ever held a rank other than PFC.  Therefore, she is not entitled to have her DD Form 214 corrected to show a higher rank.


3.  There is no evidence in the applicant's available records and she has failed to provide any evidence that show she served on active duty during any period of time following her completion of initial active duty training.  Therefore, she is not entitled to have her DD Form 214 corrected to show she was mobilized and served on active duty in support of Operation Desert Storm.

4.  There are no regulatory provisions for the issuance of a DD Form 214 for the completion of a period of inactive service.  Therefore, the applicant is not entitled to have her DD Form 214 corrected to show the effective date of separation was the effective date of her discharge from the United States Army Reserve.

5.  The applicant's social security account number is shown as "001-XX-XXXX"  on here DD Form 214; therefore, her DD Form 214 was properly constituted and requires no correction.

6.  The applicant's social security account number is shown erroneously as
"004-XX-XXXX" on her NGB Form 22.  However, it is not in the purview of the ABCMR to direct changes to documents over which State Adjutant Generals have authority.  Therefore, the applicant should apply to the Arizona Army National Guard to have her NGB Form 22 corrected.

7.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  

8.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s DD Form 214 in this case.  

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)                                         AR20090001724



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ABCMR Record of Proceedings (cont)                                         AR20090001724



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