DOCKET NUMBER:  AR20090001216 


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 she be provided with a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period from 21 November 1990 to 3 January 1991.

2.  The applicant states, in effect, that she was activated with her National Guard unit for Operation Desert Storm.

3.  The applicant provides copies of orders to and from active duty in support of her request.

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.  The applicant enlisted in the Arkansas Army National Guard on 30 June 1988. She completed initial active duty for training (IADT) and returned to her unit.

3.  Orders 228-257, dated 21 November 1990, issued by the Office of the Adjutant General, Arkansas Army Nation Guard, ordered the applicant's unit, the 148th Evacuation Hospital, to active duty for a period of 6 months.  The applicant is listed on an attached roster as one of the members.

4.  Orders 2-241, dated 3 January 1991, issued by 5th Personnel Service Company, Fort Polk, Louisiana, released the applicant and others from the 148th Evacuation Hospital, Fort Polk, Louisiana, and assigned them to Troop Command, Camp Robinson, North Little Rock, Arkansas.

5.  On 29 June 1994 the applicant was released from the Army National Guard at the expiration of her active Army National Guard commitment and transferred to the Army Reserve Control Group (Annual Training) with an honorable characterization of service.

6.  Block 18 (Remarks) of the applicant's NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) lists her IADT period, but does not list any other period of active duty service.

7.  National Guard Regulation 600-200 (Enlisted Personnel Management) includes guidance for completion of the NGB Form 22.  It requires that all periods of active Federal service to include active duty, IADT, and Active Guard Reserve be listed in block 18.

8.  The applicant's Army National Guard Current Annual Statement, dated 19 July 1993, covers the period from 30 June 1988 through 29 June 1993.  It does not indicate any period active duty service.  The applicant reviewed and initialed this form on 19 September 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that she was activated with her National Guard unit for Operation Desert Storm and served on active duty from 21 November 1990 to 3 January 1991.

2.  The applicant received orders activating her unit and releasing her from active duty; however there is no available evidence, such as pay records, to show that she actually served.

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.
 
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)                                         AR20090001216



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ABCMR Record of Proceedings (cont)                                         AR20090001216



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