IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110018152
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) to show her AD service during Hurricane Katrina Relief Operations.
2. She states it was a clerical error that her AD service from 23 August 2005 to
23 February 2006 was not annotated on her DD Form 214.
3. She provides:
* her DD Form 214
* two orders
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 Louisiana Army National Guard (LAARNG) on
14 May 1999.
3. Orders 247-239, issued by the LAARNG, Headquarters 769th Engineer Battalion, Baton Rouge, LA, dated 4 September 2005, shows she was ordered to AD service for the period 4-9 September 2005 in support of emergency relief operations.
4. Orders Number 271-290, issued by the Joint Force Headquarters, Louisiana, Office of The Adjutant General, Jackson Barracks, New Orleans, LA, dated
28 September 2005, amended Orders Number 251-818 (which are not available for review), dated 8 September 2005, to read: period of temporary duty:
25 August 2005 to 23 February 2006.
5. On 8 December 2005, the applicant was honorably released from AD for special work. The DD Form 214 she was issued shows in:
* item 12a (Date entered AD this Period) the entry "2005 08 29"
* item 12c (Net Active Service this Period) the entry "0000 03 10" indicating years, months, and days of active service
6. Her record contains a DD Form 215 (Correction to DD Form 214), dated
8 December 2011, that corrected her DD Form 214 for the period ending
8 December 2005 to show in:
* item 12a the entry "2005 09 04"
* item 12c the entry "0000 03 05"
7. Her record contains a National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service), that shows on 22 October 2006 she was honorably discharged from the LAARNG at the expiration of her term of service.
8. Her record contains an NGB Form 22A (Correction to NGB Form 22), dated
4 January 2012, that corrected her NGB Form 22 for the period ending
22 October 2006 to add item 18 (Remarks) the entry "ORDERED TO ACTIVE DUTY SPECIAL WORK 20050904 - 20051208."
9. Army Regulation 635-5 (Separation Documents) prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from AD service, or control of the Active Army. Chapter 2 contained guidance on the preparation of the DD Form 214.
10. Table 2-1 (DD Form 214 Preparation Instructions) of the same regulation contained item-by-item instructions for completing the DD Form 214. The instructions for item 12 (Record of Service) stated to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc., are based upon the information contained herein. It states for:
a. item 12a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued.
b. item 12b (Separation Date This Period), enter the separation date
this period.
c. item 12c, enter the amount of service this period by subtracting 12a from 12b.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates the applicant's AD orders were amended to show she was ordered to AD in support recovery operations - Hurricane Katrina from 29 August 2005 to 23 February 2006. However, her orders were further amended to show she was ordered to active duty special work from 4 September to 8 December 2005. In addition, her DD Form 214 shows she was released from AD for special work on 8 December 2008 and her NGB Form 22, as amended by an NGB Form 22A, shows she was ordered to AD for special work from 4 September to 8 December 2005.
2. In addition, there is no provision of regulation for annotating specific relief operations on the DD Form 214.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20110018152
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ABCMR Record of Proceedings (cont) AR20110018152
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