BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100022357
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, in effect, his service in Honduras be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect:
* His overseas service in Honduras is not shown on his DD Form 214
* He served six months overseas with the 1138th Engineer Battalion in the Army National Guard in 1990
3. The applicant provides no documentary evidence in support of his 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. He enlisted in the Missouri Army National Guard on 15 July 1985 for a period of 8 years. He was ordered to active duty for training at Fort Sill, OK on 9 August 1985. He completed his training and was awarded military occupational specialist 13B (cannon crewman). He was released from active duty on
5 December 1985.
3. His DD Form 214 does not show any foreign service.
4. He was discharged from the Missouri Army National Guard on 7 June 1987 and assigned to the U.S. Army Reserve Control Group (Individual Ready Reserve).
5. No evidence shows he served in Honduras. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) is blank.
6. No evidence shows he was assigned to the 1138th Engineer Battalion or that he served in the Army National Guard after 7 June 1987.
DISCUSSION AND CONCLUSIONS:
1. He contends he served six months in Honduras while assigned to the 1138th Engineer Battalion in the Army National Guard in 1990.
2. There is no evidence of record, and the applicant has provided no evidence, which shows he served in Honduras. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show any service in Honduras.
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) AR20100022357
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ABCMR Record of Proceedings (cont) AR20100022357
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