IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006217
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 November 1990 be corrected to show he was ordered to active duty in support of Operation Desert Shield.
2. The applicant states:
* He was activated and sent to Fort McCoy, WI to assist in mobilization
* He was a hand grenade/range control instructor
* His active duty period was in support of Operation Desert Shield and his orders reflected federal activation
* Item 18 (Remarks) of his DD Form 214 indicates a DD Form 215 (Correction to DD Form 214) would be issued but it never was
* The omission bars him from access to Department of Veterans Affairs medical care
3. The applicant provides his DD Form 214 for the period ending 23 November 1990.
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 was ordered to active duty from the U.S. Army Reserve on
27 August 1990. He was released from active duty on 23 November 1990.
3. Item 18 of his DD Form 214 shows the entry "DD215 [sic] WILL BE ISSUED TO PROVIDE MISSING INFORMATION//NOTHING FOLLOWS."
4. His DA Form 2-1 (Personnel Qualification Record) shows:
* he was ordered to active duty on 27 August 1990 and sent to Fort McCoy, WI
* he was released from active duty on 23 November 1990
5. There are no orders in the available records which show he was ordered to active duty on 27 August 1990 in support of Operation Desert Shield.
6. There is no DD Form 215 in the available records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was ordered to active duty in support of Operation Desert Shield. However, there are no orders in the available records which show he was ordered to active duty on 27 August 1990 in support of Operation Desert Shield and he provided no evidence to support this contention.
2. It appears he may have been ordered to active duty in support of Operation Desert Shield; however, in the absence of any corroborating evidence there is simply an insufficient basis on which to correct the records at this time.
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) AR20120006217
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ABCMR Record of Proceedings (cont) AR20120006217
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