IN THE CASE OF:	  

		BOARD DATE:	  8 September 2010

		DOCKET NUMBER:  AR20100009422 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 May 2001, be corrected to reflect all of the medals she is entitled to receive for Operations Desert Shield/Desert Storm, that her rank be corrected to reflect the rank of specialist (SPC)/E-4, and that all of her active duty time be reflected.

2.  The applicant states that her DD Form 214 does not reflect all of the medals she should have received for Operations Desert Shield/Desert Storm, that she attained the rank of SPC/E-4, and that her active duty time is not reflected on her DD Form 214, nor is her entire period of service.

3.  The applicant provides a copy of an information sheet, a copy of her Servicemember's Group Life Insurance Election and Certificate, a copy of her DD Form 214, and a copy of a letter from the Department of Veterans Affairs (VA).

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 Florida Army National Guard (FLARNG) on 15 October 1996 for a period of 8 years and training as a medical specialist.  She was ordered to active duty for initial active duty for training on 3 April 1997.  She completed her basic training at Fort Leonard Wood, Missouri, and her advanced individual training as a medical specialist at Fort Sam Houston, Texas.  She was released from initial active duty for training on 19 August 1997 and was returned to her FLARNG unit.

3.  On 17 May 2000, the applicant extended her enlistment for a period of 1 year to be eligible to enter the Active Guard Reserve Program (which she did on 15 May 2000).  On 12 May 2001, she was released from active duty (REFRAD) due to completion of her required service.  Her DD Form 214 issued at the time of her REFRAD reflects that she served 11 months and 28 days of active service during the current period and 4 months and 17 days of prior active service.

4.  There is no evidence in the available records to show she deployed overseas in support of Operations Desert Shield/Desert Storm or that she performed any service not already indicated on her DD Form 214 for the period ending 12 May 2001.

5.  On 8 April 2002, orders were published which reduced the applicant from pay grade E-4 to pay grade E-3 due to being absent without authority from multiple unit training assemblies.

6.  On 14 May 2002, she was discharged from the FLARNG under honorable conditions under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-2, and she was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).

7.  On 19 October 2004, she was honorably discharged from the USAR in the rank of private first class (PFC)/E-3.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It states that the DD Form 214 provides a synopsis of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of REFRAD, retirement, or discharge.  Information/events that occur subsequent to the date of the DD Form 214 are not authorized to be entered retroactively on that form.

9.  Operations Desert Shield/Desert Storm occurred during the Gulf War in Southwest Asia.  It consisted of three campaigns that began on 2 August 1990 and ended on 30 November 1995.

DISCUSSION AND CONCLUSIONS:

1.  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 failed to submit evidence that would satisfy that requirement.

2.  The evidence of record clearly shows the applicant was reduced to pay grade E-3 on 8 April 2002 due to being absent without authority from multiple unit training assemblies.  There is no indication in the available records that she was restored to pay grade E-4.

3.  The applicant's contention that she is entitled to decorations and service credit for her participation in Operations Desert Shield/Desert Storm has been noted and found to lack merit.  Not only is there no evidence to show she participated in Operations Desert Shield/Desert Storm, there is no evidence to show she was even serving in the military during the period of the operations.

4.  The applicant's contention that her DD Form 214 should be corrected to reflect all of her service from the time of her enlistment in the USAR until her discharge has been noted and found to lack merit.  The DD Form 214 is issued only upon REFRAD or discharge from active duty and serves as a snapshot in time for a Soldier's active service.  The applicant's DD Form 214 appears to be correctly prepared in accordance with the applicable regulations and there appears to be no basis to correct it at this time.

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)                                         AR20100009422



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ABCMR Record of Proceedings (cont)                                         AR20100009422



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