IN THE CASE OF:	

		BOARD DATE:	11 June 2009  

		DOCKET NUMBER:  AR20090005986 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his period of active service from 11 September 2001 to 30 September 2001, in support of Operation Noble Eagle. 

2.  The applicant states that his DD Form 214 reflects his service with the 200th Military Police Company, Maryland Army National Guard (MDARNG) in Southwest Asia for Operations Desert Shield/Storm; however, it does not list his service at the Pentagon from 11 September 2001 to 30 September 2001 in support of Operation Noble Eagle with the same unit.  

3.  The applicant provides a copy of his DD Form 214, dated 22 June 1991; a copy of National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 27 July 1991; a copy of Orders A-09-001514, issued by the U.S. Total Army Personnel Command, Alexandria, VA, on 12 September 2001; a copy of his Honorable Discharge Certificate, dated 9 September 2003; copies of two certificates of achievement, dated on or around 30 September 2001; and a copy of a certificate, dated 2 October 2001, showing award of the Army Achievement Medal, in support of his request.

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.  With prior enlisted service, the applicant’s records show he enlisted in the MDARNG on 21 July 1989.  He held military occupational specialty (MOS) 95B (Military Police) and was assigned to the 200th Military Police Company, Salisbury, MD.

3.  On 15 November 1990, the applicant was ordered to active duty in support of Operations Desert Shield/Storm and subsequently served in Southwest Asia from 8 December 1990 to 22 May 1991.  He was honorably released from active duty to the control of his ARNG unit on 22 June 1991.  The DD Form 214 he was issued shows he completed 7 months and 8 days of creditable active military service.  He was also honorably discharged from the MDARNG on 27 July 1991.

4.  On 7 August 1998, the applicant again enlisted in the MDARNG for a period of 1 year.  He also executed a 3-year extension of his enlistment on 25 July 1999.

5.  On 12 September 2001, the applicant was ordered to active duty on a temporary tour of active duty (TTAD) to perform special work for disaster relief for a period of 7 days, ending on 18 September 2001.  He was assigned to the Salisbury Armory, MD, with duty at the Pentagon.  

6.  On 17 March 2003, the applicant was honorably discharged from the MDARNG and transferred to the USAR Control Group (Reinforcement).

7.  The applicant submitted a copy a certificate, dated 2 October 2001, that shows he was awarded the Army Achievement Medal for outstanding service in support of Operation Noble Eagle from 11 September 2001 to 30 September 2001.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active 
duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  A DD Form 214 will be prepared for selected categories of military personnel including Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty (TTAD), or Active Guard Reserve (AGR) service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his period of active duty service from 11 September 2001 to 30 September 2001 should be listed on his DD Form 214. 

2.  With respect to the applicant’s period of active duty service during September 2001, the evidence of record shows that he performed a period of service that was less than 90 days; therefore, he was not issued a DD Form 214 for that period of service.  Furthermore, his period of active duty service in September 2001 occurred outside the period covered by his DD Form 214 from
15 November 1990 to 22 June 1991.

3.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Even if the applicant completed more than 90 days in 2001 and was issued a DD Form 214, the consolidation of two or more periods of service into one DD Form 214 violates the intent and purpose of the DD Form 214.

4.  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.  

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)                                         AR20090005986



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ABCMR Record of Proceedings (cont)                                         AR20090005986



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