RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 March 2006
      DOCKET NUMBER:  AR20050009969


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry W. Racster              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show
he served during Operation Desert Shield/Storm.

2.  The applicant states, in effect, that he served in the United States
Army Reserve (USAR) from 24 January 1989 through 8 November 1996, during
which time he was available for active duty service during Operation Desert
Shield/Storm.  He further states that he was called to active duty for 85
days on 29 June 1991, and even through he was not assigned overseas, he
believes he deserves to have his records reflect the fact that he served
during Operation Desert Shield/Storm.

3.  The applicant provides the following documents in support of his
application:  National Personnel Records Center (NPRC) Letter, dated 29
June 2005; Separation Document (DD Form 214), effective 2 June 1989;
Chronological Statement of Retirement Points (DARP Form 249-2-E); and
Active Duty Training (ADT) Orders for 1990 and 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 12 November 1996, the date of his discharge from the USAR.
 The application submitted in this case is dated 5 July 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he enlisted in the USAR for 8 years
on
9 November 1988.  He was trained in and awarded military occupational
specialty (MOS) 67V (Helicopter Repairer), and the highest rank he attained
during his military service was specialist (SPC).

4.  The applicant's Personnel Qualification Record shows that he was
assigned to a USAR Troop Program Unit (TPU) at Scott Air Force Base,
Illinois.

5.  The applicant was ordered to active duty to complete his Initial Active
Duty for Training (IADT) on 24 January 1989.  He remained on active duty
for 4 months and 9 days until being honorably released from active duty and
returned to his USAR unit on 2 June 1989.  The DD Form 214 he was issued
for this period of active duty service shows he earned the Army Service
Ribbon and Aircraft Crewman Badge.

6.  The last DARP Form 249-2-E on file shows that during the periods
indicated, the applicant completed the number of active duty days shown:  9
November 1988 through 8 November 1989-143 days; 9 November 1989 through
8 November 1989-16 days; 9 November 1990 through 8 November 1991-61 days; 9
November 1991 through 8 November 1992-14 days; and 9 November 1992 through
8 November 1993-14 days.

7.  On 22 December 1994, the applicant was transferred to the USAR Control
Group and on 12 November 1996, he was honorably discharged from the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to
reflect that he served in the USAR during, and was available for active
duty service in support of Operation Desert Shield/Storm, and the
supporting documents he submitted were carefully considered.  However,
there is insufficient evidence to support a change to the applicant's
record at this time.

2.  There are no provisions for making record entries indicating that a
member served during a specific era, or during a specific operation.  There
is no indication that the applicant served in Southwest Asia in support of
Operation Desert Shield/Storm.  Further, the Operation Desert Shield/Storm
period is a matter of historical record, and the fact that the applicant
was in military service at the time confirms he served during the era.
Given there is no apparent error or injustice related to the lack of a
record entry regarding Operation Desert Shield/Storm in the applicant's
record, there is an insufficient evidentiary basis to support granting the
requested relief.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 November 1996, the date of his
discharge from the USAR.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 11 November 1999.  He
failed to file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KAN _  ___LCB _  ___LWR_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Kathleen A. Newman____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009969                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1996/11/12                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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