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Decision Text

ARMY | BCMR | CY1995 | 9509464C070209
Original file (9509464C070209.TXT) Auto-classification: Approved
2.  The applicant requests, in effect, that his military records be corrected to show that his period of active duty, served between 28 September 1968 and 27 April 1969, was not for the purpose of training.  He notes someone incorrectly recorded that period of active duty as Active Duty for Training (ACDUTRA) which has affected his ability to obtain veteran benefits.

3.  Records available to the Board indicate the applicant enlisted in the Army Reserve for a period of 6 years on 28 April 1963.  He was assigned to the 83rd Administration Company of the 83rd Infantry Division.

4.  On 8 June 1963 he was ordered to active duty for the purpose of undergoing basic and advanced individual training.  His activation orders, issued by the XX United States Army Corps, specifically state that he was being ordered to active duty for the purpose of training (ACDUTRA).  He was released from active duty and returned to his Reserve unit on 7 December 1963, with 6 months of active service.  His separation document contains an entry in item 19 indicating “ordered to ACDUTRA” and his reason for separations is listed as “relieved from active duty training and returned to [reserve unit] to complete remaining reserve obligation....”

5.  Although orders are not available, it appears the applicant was ordered to active duty for two weeks of annual training with his reserve unit in the summer of 1964 and 1965.  In December 1965 the applicant’s reserve unit was deactivated and the applicant was assigned to the USAR Control Group (Annual Training).  Orders are available confirming his activation in August 1966 and August 1967 for the purpose of annual training under the provisions of Title 10, United States Code, section 270(a)(2).  Again the orders specifically state the applicant was being ordered to active duty for the purpose of training.

6.  In March 1967 the applicant was notified by the Commanding Officer, United States Army Administration Center in St. Louis that because his original reserve unit had been deactivated he was eligible for “retention in the [Ready Reserve] Pool subject to involuntary order to active duty under the provisions of Public Law 89-687.

7.  On 15 May 1968 the applicant was notified that he was being involuntarily ordered to active duty for a period of 24 months “less amounts of Active Duty previously performed, unless sooner relieved by proper authority” under Public Law 89-687 and Title 10, United States Code, Section 673(a).  His reporting date was established as 26 June 1968 and the orders clearly state the activation was involuntary and by direction of the President.  There is no mention, as in previous orders, that he was being activated for the purpose of training.  The applicant requested, and was granted a deferment and appears to have entered active duty on 
28 September 1969.

8.  He was assigned as a supply clerk with the 713th Maintenance Company at Fort Lewis, Washington, assumed duties as an alternate custodian of keys on 23 December 1968 and was promoted to pay grade E-5 in January 1969.

9.  On 27 April 1969, the date which coincided with the expiration of his 6 year Reserve enlistment contract, the applicant was released from active duty.  Item 17a (source of entry on active duty) on his DD Form 214 reflects “ordered to ACDUTRA for 8 months,” and item 17c (date of entry on active duty) reflects 28 April 1963.  Item 22 (statement of service) also contains several errors including item 22b (total active service) which indicates 
6 years of active service, although item 22a(1) (net service this period) correctly reflects 8 months.

10.  Title 10, United States Code, section 270a, the provision under which the applicant was ordered to active duty prior to 1967, pertains to training requirements of members of the Ready Reserve.  It states that such members will “participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training of not less than 14 days (exclusive of traveltime) during each year....”

11.  Title 10, United States Code, section 673a, the provision under which the applicant was ordered to active duty in 1968 applied to activation of Ready Reserve members not assigned to, or participating satisfactorily in, units. It states that the President may order to active duty any member of the Ready Reserve of an armed force who is not assigned to, or participating satisfactorily in, a unit of the Ready Reserve, has not fulfilled his statutory reserve obligation; and has not served on active duty for a total of 24 months.  The section also provides that if the enlistement or period of military service of members of the Ready Reserve, ordered to active duty under this authority would expire before he has served the required period of active duty prescribed herein, his enlistment or period of military service could be extended until he served the required period.

CONCLUSIONS:

1.  It is clear, based on the various documents which ordered the applicant to active duty, that his final period of active service, 28 September 1968 through 27 April 1969, was not for the purpose of training but rather under the provisions of Title 10 which allowed the President to call members of the Reserve to active duty for unsatisfactory performance or for those individual who were not a member of a Reserve unit.

2.  As such the entry in item 17a “ordered to ACDUTRA for 8 months” inaccurately reflects the reason the applicant was ordered to active duty and should be deleted.

3.  Additionally, the evidence confirms that item 17c (date of entry on active duty) on his DD Form 214 issued in April 1969, incorrectly reflects his date of entry on active duty as 28 April 1963 when in fact it should have been 
28 September 1968.

4.  Based on his original 6 months of active duty (630608-631207) which he completed while undergoing basic and advanced individual training and his final period of active duty (680928-690427), item 22b on his DD Form 214 should be corrected to read 14 months of total active service.

5.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by deleting the entry “ordered to ACDUTRA for 8 months” from item 17a on the DD Form 214 issued to the individual concerned on 27 April 1969;

	b.  by showing in item 17c (date of entry) that he entered active duty on 28 September 1968; and

	c.  by showing in item 22b (total active service) that he completed a total of 14 months of active duty.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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