BOARD DATE: 9 April 2013
DOCKET NUMBER: AR20120017592
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he is a Desert Storm veteran.
2. The applicant states, in effect, he does not know why he has two
DD Forms 214 but they need to be corrected to show he is a Desert Storm veteran so he can receive his free benefits.
3. The applicant provides copies of his DD Form 214s and a copy of his Chronological Statement of Retirement Points.
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. On 9 September 1975, the applicant enlisted in the Regular Army for a period of 4 years and training as an infantryman. On 8 September 1979, he was honorably released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) in pay grade E-5.
3. On 26 July 1981, he reenlisted in the USAR for a period of 6 years and continued to serve through a series of continuous reenlistments.
4. On 18 January 1991, he was ordered to 13 weeks of active duty training (ADT) at Fort Belvoir, Virginia to attend the Utilities Equipment Repairer course. He completed the course and he was honorably released from ADT on 10 May 1991 and he was returned to his USAR unit. He was promoted to the pay grade of E-6 on 10 April 1992.
5. On 27 August 1996, the applicant was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
6. On 15 November 1996, the applicant was transferred to the USAR Control Group (Retired).
7. A review of the applicants official records failed to show any evidence of the applicant deploying during any period he served. His name is not on the Gulf War Deployment Roster.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214 and provides that a DD Form 214 will only be issued upon release or discharge from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to lack merit. While the applicant served in the USAR during the period of Operation Desert Shield/Storm, there is no evidence to show that he served on active duty for other than ADT or that he deployed in support of operations.
2. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120017592
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