RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 MARCH 2004                  
	DOCKET NUMBER:   AR2003092420

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert J. Osborn II		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) show that she was ordered to active duty in support of Operation Desert Storm, and that it reflect that she was discharged because of a hardship.

2.  The applicant states that she is applying for benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides a copy of her 16 January 1991 DD Form 214, a copy of a certificate of achievement for her performance of duty during Operation Desert Shield, a copy of an Honorable Discharge Certificate, and a copy of this Board's 22 October 2002 decision denying her request to change her               DD Form 214 to show that she participated in Southwest Asia in support of Operation Desert Shield.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error or injustice which occurred on 16 January 1991.  The application submitted in this case is dated 17 June 2003.  

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 limitation 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.  On 27 August 1990 the applicant's Reserve unit was activated.  She was ordered to active duty and reported with her unit to Fort Stewart, Georgia, the mobilization station.  On 3 December 1990 the applicant was awarded a certificate of achievement for her performance of duty during Operation Desert Shield. 

4.  On 17 December 1990 she applied for a hardship discharge.  Her request was approved.  She was honorably discharged at Fort Stewart on 16 January 1991.  Her DD Form 214 reflects that her discharge was for a hardship. 

5.  In response to her 31 May 2002 application to this Board, on 22 October 2002 this Board denied her request to correct her DD Form 214 to show that she participated in Southwest Asia in support of Operation Desert Shield, but did acknowledge in the proceedings that she was ordered to active duty in support of Operation Desert Shield.      
6.  Total Army Personnel Command (PERSCOM) message dated 12 March 1991 states in effect, that the remarks section of the DD Form 214 of Reserve Soldiers ordered to active duty in support of Desert Shield/Desert Storm will contain the entry, "Ordered to active duty in support of Operation Desert Shield/Desert Storm IAW 10 USC 673b."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was ordered to active duty in support of Operation Desert  Shield.  The remarks section of her DD Form 214 should reflect the information  indicated above.   

2.  The applicant was discharged for a hardship.  The reason for that discharge is reflected on her DD Form 214.  No action is required in this respect. 

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RWA  _  __LDS __  __RJO __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm IAW 10 USC 673b. 

		____ Roger W. Able_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003092420	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040318	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.