IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120005396
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, correction of her record to show she was activated and served in support of Operation Desert Storm.
2. The applicant states she was activated for Operation Desert Storm for which there is no record.
3. The applicant provides a diploma certificate and DA Form 1059 (Service School Academic Evaluation Report), dated 16 March 1991, in support of her request.
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 available evidence shows the applicant served in the Regular Army (RA) from 17 November 1982 to 24 January 1985, at which time she was honorably released from active duty (REFRAD), by reason of "parenthood of married service women." At the time of REFRAD, she had completed 2 years, 2 months, and 8 days of active military service.
3. On 27 July 1988, the applicant enlisted in the USAR for 3 years, and on
10 March 1991, she extended her USAR enlistment for 1 year.
4. The record contains DA Forms 1059, dated 16 March and 2 April 1991, respectively, that show the applicant completed the Basic Military Police course on 16 March 1991, and the Basic Instructor Training course on 2 April 1991. There is no indication what Reserve status the applicant was in when she completed these courses.
5. The record is void of orders or other documents that show the applicant was ever ordered to active duty or served on active duty in support of Operation Desert Storm.
6. On 7 November 1991, the applicant was released from her unit assignment and transferred to the Individual Ready Reserve (IRR), by reason of unsatisfactory participation.
7. On 28 July 1992, the applicant was honorably discharged from the USAR, in the rank of sergeant/E-5.
8. The applicants name does not appear on the Department of the Army Gulf War Roster.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that her record be corrected to document that she was activated and served in support of Operation Desert Storm has been carefully considered. However, there is insufficient evidence to support this claim.
2. Although there are two DA Forms 1059 on file that indicate the applicant completed military service school courses in March and April 1991 there is no evidence or orders available to show that she served in an active duty status in support of Operation Desert Storm. Additionally, her name does not appear on the DA Gulf War Roster. As a result, there is an insufficient evidentiary basis to support 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) AR20120005396
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