Mr. Carl W. S. Chun | Director | |
Ms. Joyce A. Wright | Analyst |
Mr. Arthur A. Omartian | Chairperson | |
Ms. Karen A. Heinz | Member | |
Mr. Thomas B. Redfern | Member |
2. The applicant requests that his DD Form 214 (Report of Transfer or Discharge), dated 30 March 1970, be corrected to show that he was ordered to active duty (AD) during the US Postal Strike pursuant to Presidential Executive Order Number 11519.
3. The applicant states that his DD Form 214, dated 30 March 1970, failed to show that he was ordered to AD pursuant to Presidential Executive Order Number 11519. In support of his application, he submits a copy of his DD Form 214, dated 30 March 1970, a statement from Headquarters, New York Army National Guard (NYARNG), and a copy of his Retirement Credits Record.
4. The applicant’s military records show that he enlisted in the NYARNG on 23 November 1964, for a period of 6 years. He was ordered to AD on 23 February 1965 and was released from AD on 11 July 1965. He was returned to the NYARNG to complete his remaining service obligation.
5. He was ordered to AD on 24 March 1970 and was released from AD on 30 March 1970. He was honorably discharged from the NYARNG on 1 July 1970.
6. The applicant provided a copy of a statement from Headquarters, NYARNG that indicated that he was ordered to AD during the US Post Office work stoppage pursuant to Presidential Executive Order Number 11519 (35 Federal Register 5003), dated 23 March 1970 and pursuant to the Governor's Executive Order Number 39, dated 10 June 1970.
7. The applicant provided a copy of his Retirement Credits Record which shows that he performed AD from 24 March to 30 March 1970.
8. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 30 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.
CONCLUSIONS:
1. The evidence of record shows that the applicant was ordered to AD during the US Post Office work stoppage pursuant to Presidential Executive Order Number 11519 (35 Federal Register 5003), dated 23 March 1970 and pursuant to the Governor's Executive Order Number 39, dated10 June 1970. Therefore, his DD Form 214, dated 30 March 1970, should be corrected to show the entry "Ordered to AD under Presidential Executive Order Number 11519, dated 23 March 1970 and pursuant to the Governor's Executive Order Number 39, dated 10 June 1970" in item 30.
2. 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 for the individual concerned be corrected by showing the entry "Ordered to AD under Presidential Executive Order Number 11519, dated 23 March 1970 and pursuant to the Governor's Executive Order Number 39, dated 10 June 1970" in item 30 of his DD Form 214, dated 30 March 1970.
BOARD VOTE:
__ao___ __kh____ ___tr___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Arthur A. Omartian__
CHAIRPERSON
CASE ID | AR2002078875 |
SUFFIX | |
RECON | |
DATE BOARDED | 20030605 |
TYPE OF DISCHARGE | HD |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | AR .635-205 |
DISCHARGE REASON | |
BOARD DECISION | GRANT |
REVIEW AUTHORITY | |
ISSUES 1. | 244 |
2. | |
3. | |
4. | |
5. | |
6. |
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