MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 October 2002
	DOCKET NUMBER:   AR2002076436

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

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show he completed 180 or more days of active duty.

APPLICANT STATES:  That he would like to verify if he is entitled to Department of Veterans Affairs (VA) benefits.  He was on active duty when President Nixon mined the China Sea.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the U. S. Army Reserve on 3 October 1971.  

Letter Orders T-03-178, Headquarters, Third U. S. Army dated 13 March 1972 ordered the applicant to active duty for training effective 6 April 1972.

On 8 May 1972, President Nixon announced Operation Linebacker I, the mining of North Vietnam's harbors.  The mining commenced on 9 May 1972.

Special Orders 203, Headquarters, U. S. Army Training Center, Infantry and Fort Polk dated 26 July 1972 relieved the applicant from active duty for training effective 7 August 1972.  He was awarded military occupational specialty (MOS) 11B (Infantryman) effective 6 August 1972.  On 7 August 1972, he was released from active duty after completing 4 months and 2 days of creditable active service.  

A Reserve Retirement Points Credit Record and orders in the applicant's records show he attended inactive duty training and annual training but no period of extended active duty of 90 or more days of active duty.

On 2 October 1978, the applicant was discharged from the U. S. Army Reserve.  

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the Armed Forces of the United States Report of Transfer or Discharge, DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It will be prepared for all personnel including U. S. Army Reserve members separated after completing 90 days or more of continuous active duty for training, full time training duty, or active duty support or after completing initial active duty for training which resulted in the award of an MOS even though the active duty was less than 90 days.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  It is true the applicant was on active duty during the time President Nixon ordered the mining of North Vietnam's harbors; however, the evidence of record shows he was ordered to active duty for training (i.e., he was not called up specifically in support of Operation Linebacker I).  In addition, the evidence of record shows he was on active duty for just over 4 months (less than 180 days).

2.  There is evidence of record to show the applicant performed inactive duty training each month and 15 days of annual training once per year during his service in the U. S. Army Reserve; however, he would not have received a DD 214 for those periods.  He may contact the U. S. Army Reserve Personnel Command to obtain a current Retirement Points Account Summary to verify exactly how many active duty days he is credited with.  

3.  The VA requires a member to have served varying periods of active duty depending on the type of benefit being requested.  The applicant should contact the VA to determine if he qualifies for any benefits given the periods of active duty he served.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__KAK__  __TAP__  __BJL__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002076436	
SUFFIX		
RECON		
DATE BOARDED	2002/10/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.