BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090018802 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to show she provided military campaign support to Bosnia while assigned to Detachment 3, Headquarters, State Area Regional Command (STARC), Annville, PA.

2.  The applicant states she has Federal Executive Orders that required her to report to Fort Indiantown Gap, PA, for direct support to Operation Joint Endeavor/Joint Guard in Bosnia.

   a.  She states she served in military occupational specialty (MOS) 91K as a Medical Laboratory Noncommissioned Officer (NCO) at Fort Indiantown Gap.  Her principal duty was to collect DNA and blood samples from the Soldiers who were being deployed to Bosnia and surrounding areas.

   b.  She is seeking documentation to prove her wartime service.

   c.  She is trying to obtain her Federal Department of Veterans Affairs (VA) healthcare benefits.

3.  The applicant provides copies of her DD Form 214 for the period ending
20 April 1993 and NGB Form 22 for the period ending 27 March 1998.


COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 and NGB Form 22 to show her Federal wartime service.

2.  Counsel states the Board should report the applicant's Federal wartime service to support her eligibility for veterans' benefits.

3.  Counsel provides no additional documentary evidence in support of the 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 enlisted in the Army National Guard (ARNG) on 27 March 1992 for a period of 8 years.

3.  A DD Form 214 shows the applicant entered active duty this period on
9 October 1992, she was honorably released from active duty training (REFRAD) on 20 April 1993, and she was transferred to the 108th Combat Support Hospital, Philadelphia, PA.

   a.  She had completed 6 months and 12 days of net active service this period.

   b.  Item 25 (Separation Authority) shows "MEPS [Military Entrance Processing Station], Self-Terminating Order 062-41, dtd [dated] 27 March 1992, Crs [Course] 92B."

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service) no entry; and

   b.  item 35 (Record of Assignments) that she performed duties in MOS 91K as a Medical Laboratory NCO while assigned to Detachment 3, Headquarters, STARC, Fort Indiantown Gap, Annville, PA, from 2 August 1996 through
26 March 1998.

5.  Headquarters, 213th Area Support Group, Allentown, PA, Orders 071-0012, dated 2 August 1996, released the applicant from the 108th Combat Support Hospital, Philadelphia, PA and transferred her to Detachment 3, Headquarters, STARC, Fort Indiantown Gap, Annville, PA, effective 2 August 1996.  The authority for her transfer was National Guard Regulation (NGR) 600-200, paragraph 5-30.

6.  Department of Military and Veterans Affairs, The Adjutant General, Annville, PA, Orders 062-007, dated 1 April 1998, honorably discharged the applicant from the ARNG and assigned her to the U.S. Army Reserve (USAR) Control Group (Annual Training), effective 27 March 1998.

7.  An NGB Form 22 shows the applicant enlisted in the ARNG of Pennsylvania on 27 March 1992, she was honorably separated on 27 March 1998, and she was transferred to the USAR Control Group (Annual Training) to complete her remaining Reserve obligation.

   a.  At the time she had completed 6 years and 1 day of net service this period.

   b.  Item 23 (Authority and Reason) shows "National Guard Regulation (NGR) 600-200 [Enlisted Personnel Management], paragraph 8-27s, Expiration of Active Guard Commitment."

8.  The applicant's military personnel records do not contain any orders or other evidence that shows she was ordered to active duty in support of Operation Joint Endeavor or Operation Joint Guard.

9.  The applicant's military personnel records do not contain any orders or other evidence that shows she served overseas in Bosnia.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

	a.  Paragraph 7-18 (Establishing campaign participation credit) states that Army units will be deemed to have participated in combat if they actually 


engaged the enemy in combat, if they were deployed in a designated combat zone, or if they performed duties either in the air or on the ground in any part of the combat zone at any time during the designated period of the respective battle, campaign, or expedition.

	b.  An organization will be granted campaign participation credit if unit movement orders are furnished as evidence of its participation in the campaign.

	c.  Only those unit members who did participate in a campaign will be entitled to wear bronze service stars on their campaign medal to denote participation in a campaign.

11. National Guard Regulation 600-200, in effect at the time, prescribed the criteria, policies, processes, procedures, and responsibilities to classify, assign, utilize, transfer within and between states, and separate ARNG and Army National Guard of the United States enlisted Soldiers.

	a.  Paragraph 5-30 (Reassignment policy) states ARNG Soldiers may be transferred between ARNG units within a State or between States.  Transfer of Soldiers within the State are voluntary or involuntary and according to procedures established by the State and this regulation.

	b.  Paragraph 8-27 (State ARNG discharge) lists reasons for discharge from the State ARNG.  It provides for discharge upon expiration of active guard commitment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 and NGB Form 22 should be corrected to show she provided military campaign support to Bosnia while assigned to Detachment 3, Headquarters, STARC, Annville, PA.

2.  The applicant was assigned to Detachment 3, Headquarters, STARC, Fort Indiantown Gap, Annville, PA, from 2 August 1996 through 26 March 1998.

	a.  The applicant's DD Form 214 covers the period of her active duty for training from 9 October 1992 through 20 April 1993.

   b.  Therefore, there is no basis to show her service from 2 August 1996 through 26 March 1998 on her DD Form 214 for the period ending 20 April 1993 [emphasis added].

3.  The applicant was not transferred under Federal orders.  Orders transferred the applicant to Detachment 3, Headquarters, STARC, Annville, PA, based on the State's regulatory authority to transfer ARNG Soldiers between ARNG units within a State.

   a.  There is no evidence, and the applicant provides insufficient evidence, to show that the authority for her transfer is incorrect or that it was based on a Federal Executive Order.

   b.  Therefore, there is no basis for correcting the applicant's orders or records.

4.  The applicant was honorably separated from the ARNG of Pennsylvania on 27 March 1998.  Her NGB Form 22 shows the authority for her transfer to the USAR was based on expiration of her active guard commitment.

   a.  There is no evidence, and the applicant provides insufficient evidence, to show that the authority for her transfer to the USAR is incorrect or was based on termination of service ordered under the authority of a Federal Executive Order.

	b.  There is no evidence she served overseas in Bosnia in order to qualify for campaign participation credit.

   c.  Therefore, there is no basis for correcting the applicant's NGB Form 22.

5.  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.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

___x_____  ____x____  __x___  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20090018802



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ABCMR Record of Proceedings (cont)                                         AR20090018802



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