RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 April 2008 DOCKET NUMBER: AR20080000365 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. Director Analyst The following members, a quorum, were present: Chairperson Member 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 September 2003 be amended to show his service in Operation Enduring Freedom. 2. The applicant states that he was part of Operation Enduring Freedom from March to September 2003. 3. The applicant provides his active duty orders. 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 applicant’s 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 applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. After having had prior service, the applicant enlisted in the Army National Guard on 27 September 2001 in military occupational specialty 91B (Medical Noncommissioned Officer). 3. Effective 21 March 2003, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom. His active duty orders indicated his mobilization station was Fort Sam Houston, TX. 4. The applicant was released from active duty on 4 September 2003. Item 18 (Remarks) of his DD Form 214 for the period ending 4 September 2003 shows he had been ordered to active duty in support of Operation Enduring Freedom. DISCUSSION AND CONCLUSIONS: 1. The applicant’s DD Form 214 for the period ending 4 September 2003 already shows he was ordered to active duty in support of Operation Enduring Freedom. 2. The applicant’s active duty orders indicated his mobilization station would be Fort Sam Houston, TX. There is no evidence of record and the applicant did not provide any (nor did he contend) that he deployed, either to Afghanistan or to Iraq. Therefore, it appears there is no error on his DD Form 214 for the period ending 4 September 2003 concerning his service in support of Operation Enduring Freedom. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __lds___ __dkh___ __eem___ 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. __ lds _ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20080000365 3 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508