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ARMY | BCMR | CY2002 | 2002078943C070215
Original file (2002078943C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002078943

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Lester Echols Member
Mr. Allen L. Raub 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: Correction of item 19 (Current Active Service Other Than By Induction) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "ACDUT" [Active Duty] instead of "ACDUTRA [Active Duty For Training]."

APPLICANT STATES: After he was commissioned a second lieutenant, he served 6 months of active duty. He claims that, at the time, all married officers "went in" for 6 months with 8 years term on enlistment in the Reserve. The applicant submitted a copy of his DD Form 214, his discharge orders from the U.S. Army Reserve (USAR) and his Honorable Discharge Certificate.

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

The applicant was appointed as a Reserve commissioned officer on 18 December 1959 in the rank of second lieutenant. He was ordered to ACDUTRA on 1 June 1960 and was honorably released on 30 November 1960. The applicant was transferred back to the USAR and continued to serve until he was honorably discharged on 12 January 1968.

The applicant's DD Form 214 shows he was ordered to ACDUTRA on 1 June 1960 and was released from ACDUTRA on 30 November 1960.

In item 19a (Source of Entry) on the applicant's DD Form 214, the block "OTHER" is checked and the entry "Ordered to ACDUTRA" is shown in this item. This discharge document shows the entry "6 mos ACDUTRA" in
item 32 (Remarks).

The applicant's personnel records contain Letter Order Number C-7-75, dated 23 July 1959, issued by the Second United States Army at Fort Meade, Maryland. These orders show that the applicant was ordered to ACDUTRA for six months with an effective date of 1 June 1960 and a date of relief of 30 November 1960.

Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing DD Form 214. In pertinent part, it directed that item 19a (Source of Entry) would include the appropriate means of entry on current active service for military personnel. The regulation directed that individuals who were ordered to active duty or called to active duty from Reserve Component, the entry "other" would be checked and the appropriate entry; "Ordered from ARNGUS or USAR", "Called from ARNG" or "Ordered to ACDUTRA" would be included in item 19a on the DD Form 214.




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. The Board considered the applicant's request to correct item 19 on his DD Form 214 to show "ACDUT" instead of "ACDUTRA."

2. Evidence of record shows the applicant was ordered to ACDUTRA on 1 June 1960 and was released from ACDUTRA on 30 November 1960.

3. The applicant's DD Form 214 correctly shows that he was "Ordered to ACDUTRA" in item 19a based on the governing regulation in effect at the time.

4. Based on the foregoing, the Board has determined that there is no error or injustice in this case. Therefore, there is no basis for amending the applicant's DD Form 214 to show the entry "ACDUT" in item 19 and his DD Form 214 is correct as currently constituted.

5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

6. 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

JL______ LE______ ALR_____ DENY APPLICATION



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




INDEX

CASE ID AR2002078943
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030220
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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