IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120003173 


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 to her dates of active duty during Desert Shield/Storm on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that her DD Form 214 does not reflect the correct period of active service.  

3.  The applicant provides two copies of her DA Form 2-1 (Personnel Qualification Record - Part II), Section VIII - Current and Previous Assignments, and a copy of her DD Form 214.

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’s military record shows she was appointed in the U.S. Army Reserve (USAR), Army Nurse Corps, as a second lieutenant, on 12 June 1985.  She was promoted to first lieutenant on 10 July 1988.

3.  Permanent Orders 167-1 issued by Headquarters, Sixth U.S. Army and Presidio of San Francisco, on 21 December 1990, ordered her to active duty with a report date of 27 December 1990.  

4.  Permanent Orders MPD-45-5 issued by Headquarters, Sixth U.S. Army and Presidio of San Francisco, on 12 March 1991, released her from active duty with an effective date of 19 March 1991.  

5.  She was honorably released from active duty and was transferred to a Reserve unit.  She was credited with completing 2 months and 23 days of active service and 1 month and 27 days of foreign service.  Her DD Form 214 shows in:

* Item 12a (Date Entered AD This Period) - 27 December 1990
* Item 12b (Separation Date This Period) - 15 March 1991

6.  There is no evidence in her records of her dates of service in Southwest Asia.

7.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War (Desert Shield/Storm).  This list shows she served in the Persian Gulf War from 15 January 1991 through on or about 12 March 1991.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the standardized policy for preparing the DD Form 214 for Soldiers on retirement, discharge, and release from active duty.  

* Item 12a would list the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* Item 12b would list the date of separation

9.  The regulation did not provide for listing service in a country to which deployed and the inclusive dates.  The current regulation provides for listing this data in Item 18 of the DD Form 214. 


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed in the USAR on 12 June 1985.  She was issued orders on 21 December 1990 for entry on active duty with a reporting date of 27 December 1990.  She was issued orders releasing her from active duty with an effective date of 19 March 1991.  

   1991 03 19
     -1990 12 27
    =           2 22
    +                1 day inclusive
    =           2  23 days of active service

2.  She was issued a DD Form 214 showing she entered active duty this period on 27 December 1990 and was released from active duty on 15 March 1991.  

	1991 03 15
    -1990 12 27
    =           2 18
    +                1 day inclusive
    =           2 19 days of active service

3.  Although the DD Form 214 date of 15 March 1991 does not match the release date shown on her separation orders, and notwithstanding the fact Item 12c lends some credence to a separation date of 19 March 1991, she provides no evidence to show the 15 March 1991 date is the incorrect entry.  This DD Form 214 also credited her with 1 month and 27 days of foreign service.

4.  There is no evidence in the available record and none was provided by her (such as pay records) to show her actual entry and release dates from active duty and/or her last day of active duty was not on 16 March 1991.  Without evidence, there appears to be an insufficient basis for correction of Items 12a and 12b of her DD Form 214 to show any other dates.

5.  The available evidence indicates she served in Southwest Asia during the Persian Gulf War from 15 January 1991 through on or about 12 March 1991.  She was credited with completing 1 month and 27 days of foreign service.  Under current regulatory policy, she is entitled to correction Item 18 on her 1991        DD Form 214 to show this service.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 18 on the applicant's DD Form 214 the entry, "Service in Southwest Asia from 19910115 – 19910312."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting Items 12a and 12b of her 1991 DD Form 214 to show any other dates than those listed.



      _______ _   __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)                                         AR20120003173



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ABCMR Record of Proceedings (cont)                                         AR20120003173



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