IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100014440
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 show the date he entered active duty as 19 December 1990 instead of 16 March 1997.
2. The applicant states that 16 March 1997 is his Reserve obligation ending date, not the date he entered active duty.
3. The applicant provides his DD Form 214 for the period ending 8 May 1991 and three memoranda.
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's records show he enlisted in the Louisiana Army National Guard (LAARNG) on 17 March 1989 and was ordered to active duty for training on 2 June 1989. He was trained in and awarded military occupational specialty 76C (Equipment Records and Parts Specialist). On 25 October 1989, he was released from active duty and transferred to the 156th Armor Battalion, LAARNG, Shreveport, LA. The DD Form 214 he was issued shows he completed 4 months and 24 days of creditable active service during this period.
3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) contains an entry that shows he was ordered to active duty on 30 November 1990 under Presidential Call to Active Duty at Fort Polk, LA, in what appears to be in support of Operations Desert Shield/Desert Storm.
4. His records also contain Orders 244-37, issued by the 5th Personnel Service Company, Fort Polk, LA, directing his and other Soldiers' attachment to Company A, U.S. Army Garrison (USAG), Fort Polk, LA, effective 19 December 1990.
5. He was honorably released from active duty to the control of his LAARNG unit on 8 May 1991. The DD Form 214 he was issued contains the following entries:
* item 6 (Reserve Obligation Termination Date) shows "97 03 16"
* item 12a (Date Entered Active Duty This Period) shows "97 03 16"
* item 12b (Separation Date This Period) shows "91 05 08"
* item 12c (Net Active Service This Period) shows "00 05 09"
* item 12d (Total Prior Active Service) shows "00 04 24"
6. His records also contain a memorandum issued by Headquarters Company, 1st Battalion, 156th Armor, LAARNG, dated 11 February 1992, to the Adjutant General, LAARNG, requesting correction of his DD Form 214 to show he entered active duty on 30 November 1990.
7. The applicant provides a Newaygo County Department of Veteran Affairs memorandum, dated 4 May 2010, to the Army Review Boards Agency (ARBA), wherein it states the applicant has not received a response to an inquiry he made on 24 July 2008. He also provides an ARBA memorandum, dated 26 September 2008, wherein it states his records were on loan to another agency; therefore, his case, AR20080012873, was closed without action. It further states he should reapply after 90 days.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms he was ordered to active duty in support of Operations Desert Shield/Desert Storm on 30 November 1990. It further shows that on 19 December 1990 he was attached to USAG, Fort Polk, LA. The DD Form 214 he was issued for this period of active duty incorrectly lists the date he entered active duty as 16 March 1997. Therefore, he is entitled to correction of his DD Form 214 to accurately reflect the date he entered active duty as 30 November 1990.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "97 03 16" from item 12a of his DD Form 214 for the period ending 8 May 1991 and replacing it with the entry "90 11 30."
_____________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) AR20100014440
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ABCMR Record of Proceedings (cont) AR20100014440
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