IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002957
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 records to show his active duty service from 1986 to 1990.
2. He states:
a. He was transferred from the 455th Medical Detachment to the 5501st U.S. Army Hospital at Fort Snelling, MN.
b. There is no record anywhere of his active service from 1986 to 1990 or service in Minnesota.
c. His service was not documented due to errors in record keeping and as a result there is no record of his service in evacuation hospitals, Grenada, or blood donations in Minnesota.
d. This correction will allow him to get the medical equipment he needs and to be a better provider for his children.
3. He provides no additional documents.
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. The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program on 22 June 1983. He was discharged on 30 November 1983 under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations).
3. He enlisted in the USAR on 26 January 1984. He was ordered to initial active duty for training (IADT) on 21 February 1984 and he was honorably released from IADT on 8 June 1984. On the following day, he was returned to his Reserve unit, 455th Medical Detachment, Hanscom Air Force Base, MA.
4. Orders published on 19 June 1985 indicate he was reassigned from the 455th Medical Detachment to the 5501st U.S. Army Hospital, Fort Snelling, St. Paul, MN, effective 10 June 1985.
5. His service record contains several Letters of Instruction - Unexcused Absence, the earliest dated 4 December 1985. Paragraph 2 informed him that under the provisions of Army Regulation 135-91, he was required to attend all scheduled unit training assemblies and annual training periods. Paragraph 7 informed him that if he accumulated nine unexcused absences within a 1-year period, he could be declared an unsatisfactory participant.
6. His Letters of Instruction Unexcused Absence indicate he was absent from the scheduled unit training assembly or multiple unit training assembly on the following dates:
* 9 November 1985 (2 unexcused absences)
* 8 and 9 February 1986
* 8 March 1986
* 11 March 1986
* 25 and 26 October 1986
* 22 and 23 November 1986
* 5 December 1986
7. Orders published on 14 January 1987 indicate he was released from his Reserve unit, 5501st U.S. Army Hospital, by reason of unsatisfactory participation, effective 14 January 1987, and he was reassigned to the U.S. Army Reserve Control Group (Annual Training).
8. He was honorably discharged from the Ready Reserve on 25 January 1990.
9. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) states that, before
1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces. It states that enlisted Soldiers who are obligated by statute or contract will be charged with unsatisfactory participation when, without proper authority, they accrue in any 1-year period a total of 9 or more unexcused absences from scheduled drills.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record indicates the applicant was transferred from the 455th Medical Detachment to the 5501st U.S. Army Hospital at Fort Snelling, MN on 10 June 1985.
2. Records show he accumulated 9 unexcused absences during the period November 1985 through December 1986. As a result, he was released from his Reserve unit and reassigned to the USAR Control Group (Annual Training), effective 14 January 1987.
3. He was discharged from the Ready Reserve on 25 January 1990.
4. His service record is void of evidence and he has not provided any evidence which indicates he served on active duty from 1986 through 1990. In the absence of sufficient evidence to support his claim, there is no basis for granting the 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 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) AR20120002957
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ABCMR Record of Proceedings (cont) AR20120002957
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