IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100017643
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 1 August 1991, be corrected to reflect in block 12a (Date Entered Active Duty This Period) that she entered active duty on 4 January 1991 and that her retirement points be corrected accordingly.
2. The applicant states that her DD Form 214 should reflect that she was ordered to active duty on 4 January 1991 because her unit was ordered to active duty on 4 January 1991, not on 2 February.
3. The applicant provides a copy of her DD Form 214 and a copy of U.S. Army Reserve (USAR) unit orders to active duty.
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 was serving in the U.S. Army Reserve (USAR) with the 2290th USAR Hospital, Rockville, Maryland, on 4 January 1991 in pay grade E-7 when orders were published which ordered her unit to active duty at Walter Reed Army Medical Center (WRAMC), Washington, DC. These orders further specified in the additional instructions that the unit was ordered to active duty with assembly at home station not later than 8 January 1991 with unit movement to commence not later than 11 January 1991.
3. A review of her official records failed to show individual orders showing when the applicant was ordered to report to WRAMC; however, her records indicate she reported on 1 February 1991 for duty as a practical nurse.
4. On 24 April 1991, the applicant was awarded an Army Achievement Medal for exceptionally meritorious service while assigned to WRAMC during Operation Desert Storm for the period 1 February 1991 to 1 April 1991.
5. On 1 August 1991, she was honorably released from active duty due to the expiration of her term of service. She had 6 months and 1 day of active service during this period and her DD Form 214 issued at the time of her release reflects that she entered active duty on 1 February 1991.
6. On 12 July 1998, she was voluntarily transferred to the Retired Reserve in pay grade E-7 with 20 creditable years of service for retired pay purposes.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to reflect that she entered active duty on 4 January 1991, the date her unit orders were published, has been noted. However, the applicant failed to show through the evidence submitted with her application and the evidence of record that she actually reported to active duty on 4 January 1991.
2. The evidence in her records shows she reported for active duty on 1 February 1991. Therefore, in the absence of evidence to show otherwise, it must be presumed that the records are correct and there is no basis to grant her request to change her DD Form 214.
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 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:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ 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) AR20100017643
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ABCMR Record of Proceedings (cont) AR20100017643
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