IN THE CASE OF:
BOARD DATE: 15 September 2009
DOCKET NUMBER: AR20090006525
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 item 12b (Separation Date This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 June 1991 be corrected.
2. The applicant states that she was activated in November 1991 and that it is impossible she was released from active duty in June 1991 as shown in item 12b on her DD Form 214. She wants her discharge date changed from 1991 to show 1992.
3. The applicant provides a copy of her DD Form 214 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. Item 12a (Date Entered AD [Active Duty] This Period) on the applicant's DD Form 214 for the period ending 13 June 1991 shows she was ordered to active duty from the U.S. Army Reserve on 17 November 1991 in support of Operation Desert Shield/Desert Storm. Item 12b on her DD Form 214 shows she was released from active duty on 13 June 1991.
3. Item 12c (Net Active Service This Period) on the applicant's DD Form 214 for the period ending 13 June 1991 shows she served 6 months and 23 days. Item 18 (Remarks) on her DD Form 214 shows that she served in Southwest Asia from 7 January 1991 to 25 May 1991.
4. Item 35 (Record of Assignments) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows she served on active duty from 17 November 1990 to 13 June 1991.
5. A Letter of Commendation, dated 23 May 1991, from the applicant's Commanding Officer states, in pertinent part, that she was activated on
21 November 1990.
6. There is no evidence of record which shows the applicant was ordered to active duty in November 1991.
7. There is no evidence of record which shows the applicant was released from active duty in 1992.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that she was activated in November 1991, and item 12a on her DD Form 214 for the period ending 13 June 1991 shows she entered active duty on 17 November 1991, the preponderance of evidence indicates that she was ordered to active duty in November 1990. Therefore, the entry on the applicant's DA Form 2-1 which shows she entered active duty on 17 November 1990 is accepted as sufficient evidence on which to amend item 12a on the applicant's DD Form 214 for the period ending 13 June 1991.
2. Although the applicant requests that item 12b on her DD Form 214 for the period ending 13 June 1991 be changed from 1991 to 1992, the evidence of record shows she was released from active duty on 13 June 1991. Therefore, there is an insufficient basis for amending item 12b on the applicants DD Form 214 for the period ending 13 June 1991.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_____x___ ____x____ ____x____ 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 12a on her DD Form 214 for the period ending
13 June 1991; and
b. adding the entry "90 11 17" in item 12a on her DD Form 214.
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 amending item 12b on her DD Form 214 for the period ending 13 June 1991.
_______ _ _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) AR20090006525
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ABCMR Record of Proceedings (cont) AR20090006525
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