IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100024993
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 item 12a (Date Entered Active Duty (AD) This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states she went to Fort Stewart, Georgia, in August or September 1990 and then was activated with the 350th Evacuation Hospital in November 1990.
3. The applicant provides her DD Form 214 in support of her 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. She was commissioned a second lieutenant in the Nurse Corps in the U.S. Army Reserve (USAR) on 26 May 1989.
3. Amendment orders, dated 26 September 1990, show she had a reporting date of 15 September 1990 for a period of active duty for 120 days.
4. Orders, dated 17 November 1990, show her Reserve unit was ordered to active duty on 21 November 1990 for a period of 180 days in support of Operations Desert Shield/Desert Storm. She served as a nurse in Southwest Asia from 7 January 1991 to 25 May 1991. On 13 June 1991, she was released from active duty.
5. Item 12a of her DD Form 214 shows the entry "90 11 21" [21 November 1990].
6. Her pay records/leave and earnings statements (LES's) are not available.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. She contends she entered active duty in August or September 1990, not on 21 November 1990 as shown in item 12a of her DD Form 214.
2. The amendment orders have been considered; however, these orders could have been rescinded. Her pay records and/or LES's might verify her contention. However, those records/documents are not available to the Board and she has the burden of proving the error.
3. Since orders show she was ordered to active duty on 21 November 1990 which is properly reflected in item 12a of her DD Form 214, there is insufficient evidence on which to amend item 12a of her DD Form 214.
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 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) AR20100024993
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ABCMR Record of Proceedings (cont) AR20100024993
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