IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140002212 


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, in effect, additional service credit by correcting his records to show the time he served as the recruitment coordinator for the Jerome High School in Idaho as time on active duty.

2.  The applicant states he wore his uniform for 8 hours a day and for 5 days a week.  He states the months that he wore his uniform were from August 1987 to May 1988.

3.  The applicant provides no additional evidence.

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 Idaho Army National Guard (IDARNG) for 8 years on 29 September 1987.  He was ordered to active duty for training on 9 June 1988 and he completed training as a turret mechanic.

3.  The applicant's Official Military Personnel File (OMPF) contains a DA Form 2496 (Disposition Form) which shows that on 7 October 1988, he was recommended for award of the Idaho Recruiting Ribbon.

4.  On 15 April 1989, the applicant was released from active duty for training and he returned to the IDARNG to complete his service obligation.  He received a DD Form 214 (Certificate of Release or discharge from Active Duty) that shows his active duty service.

5.  The applicant was discharged from the IDARNG under honorable conditions on 2 May 1991.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he completed 3 years, 7 months, and 4 days of net service this period.

6.  A review of the available record fails to show that the applicant had any military service prior to his enlistment in the IDARNG on 29 September 1987.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  He contends that he had active service and wore his uniform as a recruiter at his high school in August 1987.  The applicant did not enlist in the IDARNG until 29 September 1987 and a review of his record fails to show that he had any military service prior to his enlistment in the IDARNG.

2.  The available record does show that on 7 October 1988 he was recommended for award of the Idaho Recruiting Ribbon.  That was during his active duty service from 9 June 1988 to 15 April 1989.  The DD Form 214 he received covers his period of active duty service.

3.  In view of the foregoing, the applicant's request should be denied.


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)                                         AR20140002212



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ABCMR Record of Proceedings (cont)                                         AR20140002212



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