IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090015148
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 military records be corrected to show her service in the Regular Army (RA).
2. The applicant states, in effect she received documents that incorrectly show she served in the U.S. Army Reserve (USAR) from 8 August to 8 November 1980. She states her service was as follows:
a. RA - 8 August 1980 to 8 August 1982 - honorable service.
b. USAR - 9 August 1982 to 8 August 1986 - honorable service.
c. Army National Guard (ARNG) - 23 February 1989 to 22 February 1990 -
honorable service.
3. The applicant provides no additional 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. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered a period of active duty on 8 August 1980. She was released from active duty for training on 8 November 1980. She completed
3 months and 1 day of active service that was characterized as honorable.
Item 2 (Department, Component and Branch) contains the entry "Army USAR."
3. U.S. Army Reserve Personnel Center (now known as the Human Resources Command), St. Louis, MO Orders D-07-053914, dated 31 July 1986, honorably discharged the applicant from the Ready Reserve effective 3 August 1986.
4. In her application for enlistment in the Tennessee Army National Guard (TNARNG) the applicant listed her prior military service as USAR from 4 August 1980 to 3 August 1986.
5. On 23 February 1989, the applicant enlisted in the TNARNG for a period of
1 year. She was honorably discharged on 22 February 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she served in the RA from 8 August 1980 to 8 August 1982.
2. The applicant's initial contract for enlistment was not available for review. However, in her application for the TNARNG she stated her prior service was in the USAR from 4 August 1980 to 3 August 1986.
3. The applicant's DD Form 214 shows she completed active duty for training during the period she contends she was in the RA. This term is used when referring to initial active duty for USAR personnel. The USAR issued her an honorable discharge on 3 August 1986.
4. There is no record of the applicant serving in the RA. Her official military records show:
a. USAR - 4 August 1980 to 3 August 1986 with active duty for training from 8 August to 8 November 1980, and she was issued an honorable discharge.
b. TNARNG - 23 February 1989 to 22 February 1990, honorable service.
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 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) AR20090015148
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ABCMR Record of Proceedings (cont) AR20090015148
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