IN THE CASE OF:	  

		BOARD DATE:	  9 December 2008

		DOCKET NUMBER:  AR20080014903 


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, that item 17a (Current Active Service     other than by Induction, Source of Entry) of his DD Form 214 (Armed Forces     of the United States Report of Transfer or Discharge) for the period ending         23 September 1970 be corrected to show he was not ordered to active duty for training (ACDUTRA).

2.  The applicant states that item 17a shows he was on ACDUTRA.  Because of that entry, he is being denied health care by the Department of Veterans Affairs.  He was ordered to active duty because he missed some Reserve meetings.  While on active duty, he performed the same duties and had the same status as someone who was drafted or enlisted.

3.  The applicant provides a copy of his DD Form 214 for the period ending             23 September 1970 in support of his application.

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 U. S. Army Reserve (USAR) on 25 June 1965.  He was ordered to initial active duty for training on 23 March 1967 and was released from active duty on 24 July 1967.

3.  The applicant had a number of unexcused absences from scheduled unit training assemblies.  Headquarters, Sixth United States Army, Presidio of California Reserve Letter Orders Number A-01-0009, dated 8 January 1969, ordered him to active duty, effective 22 March 1969, for 18 months and 13 days.

4.  The applicant entered involuntary active duty on 22 March 1969 and was released from active duty on 23 September 1970 after completing 1 year,            6 months, and 2 days of creditable active service.

5.  Item 17a of the applicant's DD Form 214 for the period ending 23 September 1970 indicates he was ordered to ACDUTRA from the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not ordered to active duty for training on 22 March 1969.  He was ordered to involuntary active duty as a result of having a number of unexcused absences from his scheduled USAR unit training assemblies.

2.  Item 17a of the applicant's DD Form 214 for the period ending 23 September 1970 contains an administrative error and should be corrected to reflect he was ordered to involuntary active duty instead of reflecting that he was ordered to active duty for training.

BOARD VOTE:

___X_____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  deleting the entry, "ORDERED TO ACDUTRA FROM USAR" from item 17a of his DD Form 214 for the period ending 23 September 1970; and

     b.  adding the entry, "ORDERED TO INVOLUNTARY ACTIVE DUTY FROM USAR" to item 17a of his DD Form 214 for the period ending 23 September 1970.



      __________XXX____________
               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)                                         AR20080014903



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ABCMR Record of Proceedings (cont)                                         AR20080014903



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