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ARMY | BCMR | CY2001 | 2001065224C070421
Original file (2001065224C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 June 2002
         DOCKET NUMBER: AR2001065224


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

Mr. Carl W. S. Chun Director
Ms. Deyon D. Battle Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Melvin H. Meyer Member
Mr. Allen L. Raub Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that item number 17a (Current Active Service Other Than By Induction) on his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was, “ordered by executive order to active duty” instead of showing that he was ordered to active duty for training from the United States Army Reserve (USAR) as currently reflected.

3. The applicant states that a Veterans Administration Enrollment Officer at the West Palm Beach location said that item number 17a on his DD Form 214 should read by Executive Order to Active Duty.

4. The applicant’s military records show that on 12 June 1965, he enlisted in the Arizona Army National Guard (AZARNG) for 6 years in the pay grade of E-1. He successfully completed his training as a clerk typist.

5. On 26 December 1967, he was honorably discharged from the AZARNG and was transferred to the USAR Control Group to complete his reserve obligation. The Report of Separation and Record of Service (NGB Form 22) that he was furnished at the time of his discharge from the AZARNG shows that he was discharged for the purpose of being ordered to active duty under the provisions of Public Law 89-687 and Department of the Army Circular 135-10.

6. On 28 February 1968, orders were published by direction of the President releasing the applicant from the USAR Control Group and ordering him to active duty (involuntarily) in Europe for a period of 1 year, 5 months and 25 days.

7. Accordingly, on 20 March 1968, he was placed on active duty and he was transferred to Europe. He was honorably released from active duty on 23 July 1969 and he was transferred to the USAR Control Group to complete his reserve obligation. Item number 17a on the DD Form 214 that he was furnished at the time of his release from active duty shows that he was ordered to active duty for training from the USAR.

CONCLUSIONS:

1. The DD Form 214 that the applicant was furnished at the time of his separation incorrectly reflects that he was ordered to active duty for training at the time that he entered on active duty on 20 March 1968.

2. The evidence of record shows that he was ordered to active duty by direction of the President and his DD Form 214 should be amended to reflect the appropriate information.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by amending item number 17a on the DD Form 214 of the individual concerned to show that he was involuntarily ordered to active duty from the USAR by Executive Order dated 20 February 1968.

BOARD VOTE:

__kak___ ___alr ___ ___mm__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Karol A. Kennedy____
                  CHAIRPERSON




INDEX

CASE ID AR2001065224
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 189 110.0000
2.
3.
4.
5.
6.


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